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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 procedure that permits foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is an important action to attaining that objective. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor referall.us Certification process is normally the primary step in the employment-based green card process. The process is created to guarantee that there are no certified U.S. workers available for the position and that the foreign employee will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the job description for the sponsored position. Once the job information are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly employed workers in a specific occupation in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of designated employment, travel requirements (if any), among other 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 must be paid to the staff member once the green card is gotten. Current processing times for dominating 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 numerous recruitment techniques for “able, ready, qualified, and offered” U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The employer can begin 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:

– thirty days task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic circulation in the area of desired work, a lot of suitable to the profession and most likely to bring responses from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive service days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The company should pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the company might be examining resumes and conducting interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were interviewed, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can submit 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 filed establishes the recipient’s top priority date and identifies his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality control process in the kind of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results accomplished, the number of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the particular lawful occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are included 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 approved PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position which the recipient will not adversely affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is current.

At the I-140 petition phase, the company needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to show ability to pay:

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

In addition, it is at this stage that the employer will choose the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s credentials.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might 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 examine it and may ask for extra information or paperwork by issuing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is a readily available green card. The real green card application can just be filed if the recipient’s top priority date is current, suggesting a green card is right away offered to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and shows when a green card has become readily available 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 top priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limit is currently 140,000. This suggests that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for eventual creation of a green card, work permission (work authorization) or advance parole file. The beneficiary might be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will examine the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card serves as evidence of in the U.S.