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

The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those looking for irreversible residency in the U.S., it is a necessary step to accomplishing that goal. In this article, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based permit procedure. The procedure is created to ensure that there are no certified U.S. workers offered for the position which the foreign employee will not adversely impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise used workers in a specific profession in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to at least offer the irreversible position at. It is also the rate that should be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and offered” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of general flow in the area of intended work, a lot of suitable to the profession and most likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive company days.

In addition to the obligatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The employer needs to select 3 of the following:

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

During the recruitment procedure, the employer may be evaluating resumes and performing interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who looked for the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no certified 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 submitted establishes the beneficiary’s top priority date and figures out his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the kind of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results accomplished, the number of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific lawful occupational 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 authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position which the beneficiary will not negatively impact the salaries 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 should include the approved PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification 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 needs to likewise demonstrate its ability 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 demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets are equivalent to or greater than the proffered wage (yearly report, 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 category depends on the minimum requirements for the position that was listed on the PERM application and the worker’s qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved PERM application or I-140 petition.) The categories 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 evaluate it and may ask for extra info or documents by releasing a Request 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 an available green card. The actual permit application can only be submitted if the recipient’s top priority date is present, suggesting a permit is right away readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a permit has appeared to an on their preference classification, nation of birth, and concern date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based migration system, referall.us Congress set a limit on the number of green cards that can be provided each year. That limitation is currently 140,000. This suggests that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes using for the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed 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 utilized to perform necessary security checks and for eventual creation of a green card, work authorization (work authorization) or advance parole document. The recipient might be alerted of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a consultation for the beneficiary’s interview when his/her top 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 utilized by USCIS to process the Visa Packet and produce the permit. 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 identify whether to confess the beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The green card acts as evidence of long-term residency in the U.S.