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

The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is an important step to achieving that goal. In this article, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit process. The procedure is created to make sure that there are no certified U.S. employees offered for the position which the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed employees in a specific profession in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific 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 company should a minimum of 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 regulations require a sponsoring employer to check the U.S. labor market through different recruitment approaches for “able, willing, qualified, and available” U.S. employees. Generally, the company has 2 choices when choosing when to begin the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– 30 day task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a paper of basic blood circulation in the area of designated employment, most appropriate to the occupation and probably to bring reactions from able, willing, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

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

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

During the recruitment process, the company may be examining resumes and carrying out interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who requested the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no qualified 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 priority date and determines his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes accomplished, the number of hires, and, if suitable, the variety of U.S. applicants turned down, summed up by the specific lawful occupational reasons for such rejections.

If an audit is provided 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 employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. workers offered for the position and that the beneficiary will not negatively impact the wages 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 must consist of the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and employment the I-485 modification of status application simultaneously if his/her concern date is present.

At the I-140 petition stage, the company must also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to demonstrate capability to pay:

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

In addition, it is at this phase that the company will choose the employment-based preference classification 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 numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an authorized 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, employment 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 might request extra information or paperwork by issuing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to determine if there is an available permit. The actual green card application can just be submitted if the beneficiary’s concern date is current, indicating a green card is right away available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has actually ended up being available to a candidate based upon their choice category, nation of birth, and concern date. The date the PERM application is submitted develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be released 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 candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the green card 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 generally involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate development of a green card, work authorization (work license) or advance parole document. The recipient may be notified of the date, time, and area for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to determine if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes an appointment for employment the recipient’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is given 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 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 determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit acts as evidence of long-term residency in the U.S.