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

The employment-based permit process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for long-term residency in the U.S., it is a vital action to achieving that objective. In this short article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based permit process. The process is created to guarantee that there are no qualified U.S. employees offered for the position which the foreign worker will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the job details are finalized, employment a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise used employees in a specific profession in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should a minimum of offer the permanent position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to test the U.S. labor market through various recruitment approaches for “able, prepared, certified, and offered” U.S. employees. Generally, employment the employer has 2 choices when choosing when to start the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional profession, need the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a paper of general blood circulation in the location of intended employment, many appropriate to the profession and most likely to bring actions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the job website for a duration of 10 consecutive service days.

In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The company should pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the company may be examining resumes and performing interviews of U.S. workers. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, the number who were interviewed, and the factors why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no certified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s top priority date and figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the type of audits to ensure compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if applicable, the variety of U.S. applicants declined, summarized by the specific legal occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

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

Step 2: I-140 Immigrant Petition

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

At the I-140 petition phase, the company needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (annual report, tax return, or audited financial statement).

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

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

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

After the I-140 petition is filed, USCIS will evaluate it and may ask for additional information or paperwork by providing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an offered green card. The real permit application can only be submitted if the recipient’s priority date is current, meaning a permit is right away offered to the beneficiary.

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

Once the beneficiary’s top priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This info will be used to carry out required security checks and for ultimate creation of a permit, employment permission (work license) or advance parole file. The beneficiary might be informed 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 require an interview. USCIS officials will review the recipient’s case to determine if it fulfills one of the exceptions. If the interview is effective and USCIS approves the application, employment the beneficiary will receive the .

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes an appointment for the recipient’s interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The beneficiary 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 admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit acts as evidence of irreversible residency in the U.S.