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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 complicated and prolonged, however for those seeking long-term residency in the U.S., adremcareers.com it is an essential action to attaining that goal. In this 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 normally the primary step in the employment-based permit procedure. The procedure is developed to ensure that there are no qualified U.S. employees readily available for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the job details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly used workers in a specific occupation in the area of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to at least provide the long-term position at. It is also the rate that should be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, willing, certified, and available” U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for a professional or non-professional occupation, referall.us require the following recruitment efforts:

– thirty days task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the area of intended work, the majority of suitable to the profession and most likely to bring responses from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 successive business days.

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

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer may be evaluating resumes and carrying out interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can send the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the beneficiary’s top priority date and determines his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the results accomplished, the number of hires, and, if applicable, the number of U.S. turned down, summarized by the specific legal occupational factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the overall 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 validates that there are no certified U.S. workers available for the position which the recipient will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

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

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

In addition, it is at this phase that the company will choose the employment-based choice 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 several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not require 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 submitted, USCIS will review it and might ask for additional info or documents by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is a readily available green card. The actual green card application can only be submitted if the beneficiary’s concern date is current, meaning a permit is instantly available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a permit has actually become offered to a candidate based upon their preference classification, country of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for eventual development of a permit, work authorization (work permit) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves making an application for the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for the recipient’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and somalibidders.com produce the green card. 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 beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit works as proof of permanent residency in the U.S.