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 completely in the U.S. The process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is an essential action to attaining that goal. In this short article, referall.us we will go through the actions of the employment-based permit process in detail.

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 created to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a specific profession in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least offer the irreversible position at. It is likewise the rate that should be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through different recruitment approaches for “able, prepared, certified, and readily available” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The company can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 1 month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic flow in the area of designated employment, a lot of proper to the occupation and probably to bring reactions from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the job site for a duration of 10 consecutive company days.

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

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

During the recruitment process, the employer may be reviewing resumes and performing interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the employer can submit the PERM application if no competent 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 develops the beneficiary’s priority date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality assurance 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 ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the results achieved, the variety of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific lawful job-related factors for such rejections.

If an audit is provided 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 company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the beneficiary will not adversely affect the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action 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 proof of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

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

1. Evidence that the wage paid to the recipient 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 (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this stage that the company will select the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need an authorized 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 examine it and might ask for additional information or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is an offered permit. The actual green card application can only be filed if the beneficiary’s concern date is current, meaning a green card is instantly available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and shows when a permit has become available to an applicant based upon their preference classification, country of birth, and concern date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be provided each year. That limit is presently 140,000. This suggests that in any given year, the maximum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s top 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 looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for eventual creation of a permit, work permission (work license) or advance parole document. The beneficiary might be notified of the date, time, and place for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to determine if it satisfies among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a visit for the beneficiary’s interview when his/her top 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 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 examine and determine whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The works as evidence of irreversible residency in the U.S.