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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 process that allows foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, but for those seeking long-term residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based permit process. The process is developed to ensure that there are no competent U.S. workers 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 begins the PERM procedure by preparing the task description for employment the sponsored position. Once the job information are finalized, employment a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly utilized workers in a specific profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, 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 use the permanent 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 regulations need a sponsoring employer to evaluate the U.S. labor market through different recruitment techniques for “able, willing, certified, and offered” U.S. employees. Generally, the employer has 2 options when choosing when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 1 month task order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a paper of basic circulation in the area of intended employment, a lot of appropriate to the occupation and most likely to bring actions from able, ready, certified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 successive service days.

In addition to the obligatory recruitment mentioned above, employment the DOL requires 3 additional recruitment efforts to be posted. The employer should choose 3 of the following:

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

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were interviewed, 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 submit 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 develops the beneficiary’s concern date and figures out his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

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

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results accomplished, the variety of hires, and, if relevant, the variety of U.S. candidates declined, summarized by the particular legal job-related factors for such rejections.

If an audit is provided 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 employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position and that the beneficiary will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is current.

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

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

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not require an approved PERM application or I-140 petition.) The classifications consist of:

– 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 review it and may request extra info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

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

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

Adjustment of Status

Adjustment of status involves requesting the permit 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 normally includes having his/her photo and signature taken and being fingerprinted. This info will be used to conduct required security checks and for ultimate creation of a permit, employment authorization (work authorization) or advance parole document. The recipient might be notified of the date, time, and location for employment an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it meets one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes requesting the permit 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 ends up being current. If the consular officer grants the immigrant visa, the recipient is provided 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 recipient 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 figure out whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit serves as evidence of irreversible residency in the U.S.