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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the primary step in the employment-based green card procedure. The process is designed to guarantee that there are no qualified U.S. workers offered for the position which the foreign employee will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the job information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used employees in a particular occupation in the location of intended work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of desired employment, travel requirements (if any), among other things. The dominating wage is the rate the company must a minimum of offer the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to test the U.S. labor market through various recruitment approaches for “able, ready, qualified, and available” U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of basic circulation in the area of desired work, most suitable to the occupation and more than likely to bring actions from able, ready, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a period of 10 successive service days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company should pick 3 of the following:

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

During the recruitment process, the employer may be examining resumes and conducting interviews of U.S. workers. The company needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who used for the position, the number who were spoken with, and employment the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit the PERM application if no qualified 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 submitted establishes the beneficiary’s top priority date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality control process in the kind of audits to guarantee compliance with all PERM regulations. In the occasion of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes achieved, the number of hires, and, if suitable, the variety of U.S. applicants declined, summed up by the particular lawful occupational factors for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers readily available for the position and that the beneficiary will not negatively impact the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the company must likewise demonstrate 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 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or higher than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions are equal to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the company will select the employment-based preference classification 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 qualifications.

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

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and employment Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and employment 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 might request extra info or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is a readily available green card. The actual permit application can only be filed if the recipient’s concern date is current, indicating a permit is immediately readily available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a green card has appeared to a candidate based on their choice category, employment nation of birth, and concern date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the maximum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and employment for eventual development of a green card, employment employment permission (work permit) or advance parole document. The beneficiary may be notified of the date, time, and location for an interview at a USCIS workplace to respond to concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a visit for the recipient’s interview when his/her priority date becomes existing. 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 utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) at the port of entry. The CBP officer will check and figure out whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The green card serves as evidence of long-term residency in the U.S.