The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those looking for permanent residency in the U.S., it is a vital step to accomplishing that goal. In this short article, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based green card procedure. The procedure is designed to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the task description for job the sponsored position. Once the job information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly used employees in a particular profession in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least provide the long-term position at. It is likewise the rate that should be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to evaluate the U.S. labor market through various recruitment methods for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional occupation, job require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a paper of general circulation in the location of intended work, many suitable to the occupation and most likely to bring reactions from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 successive organization days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The employer must select 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be and carrying out interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, job consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can send the PERM application if no competent U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient’s priority date and determines his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the form of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results accomplished, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summed up by the particular legal occupational factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees available for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the preference category and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the employer must also show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net properties are equivalent to or job higher than the proffered wage (annual report, tax return, or audited monetary statement).

In addition, it is at this phase that the employer will pick the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require an authorized PERM application or I-140 petition.) The categories include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, job Professionals, and Unskilled Workers (Other Workers).
– EB-4: job Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might ask for additional info or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an offered permit. The real green card application can just be submitted if the beneficiary’s concern date is existing, suggesting a green card is instantly available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and shows when a permit has actually appeared to a candidate based upon their preference category, nation of birth, and priority date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be provided each year. That limit is currently 140,000. This implies that in any given year, the optimum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s priority date is present, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and job for ultimate production of a permit, work permission (work permit) or advance parole document. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to respond to concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to determine if it satisfies one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing involves using for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes an appointment for the recipient’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and figure out whether to confess the recipient into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit acts as evidence of permanent residency in the U.S.