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

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

Step 1: employment PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based green card procedure. The process is developed to ensure that there are no competent U.S. workers available for the position which the foreign employee will not negatively affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the task details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used employees in a specific profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of offer the permanent position at. It is likewise the rate that should be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through different recruitment techniques for “able, willing, certified, and available” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment process. 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 profession, require the following recruitment efforts:

– one month job 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 area of desired employment, the majority of proper to the occupation and probably to bring responses from able, ready, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job site for a duration of 10 consecutive company days.

In addition to the mandatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company must choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or
– Private work companies
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the company might be evaluating resumes and carrying out interviews of U.S. workers. The employer must keep in-depth records of their recruitment efforts, including the number of U.S. workers who looked for the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit the PERM application if no qualified U.S. employees were found. 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 identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results accomplished, the variety of hires, and, if relevant, the variety of U.S. applicants rejected, summed up by the specific lawful job-related reasons for such rejections.

If an audit is issued 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 receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees available for the position which the beneficiary will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition phase, the company needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to demonstrate capability 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 equal to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets amount 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 pick the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.

There are several categories of employment-based green cards, and each has its own set of requirements. (Please note, employment some classifications may not require an authorized PERM application or employment 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 might request extra details or documentation by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an available green card. The actual permit application can just be filed if the beneficiary’s concern date is current, implying a permit is right away available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a green card has become available to an applicant based on their preference category, nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limitation is currently 140,000. This implies that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and employment their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This info will be used to perform required security checks and for ultimate production of a green card, employment permission (work authorization) or advance parole document. The beneficiary might be informed of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the recipient’s case to figure out if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves looking for employment the permit at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the recipient’s interview when his/her priority date becomes current. 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 produce the permit. 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 check and determine whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card serves as evidence of irreversible residency in the U.S.