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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based green card process. The procedure is designed to make sure that there are no competent U.S. employees offered for the position and that the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise utilized employees in a specific profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should a minimum of provide the at. It is also the rate that must be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through numerous recruitment techniques for “able, ready, certified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– thirty days job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of general flow in the area of desired employment, the majority of proper to the profession and probably to bring responses from able, ready, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 successive organization days.

In addition to the obligatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee referral program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, somalibidders.com the company may be evaluating resumes and performing interviews of U.S. workers. The employer must keep in-depth records of their recruitment efforts, including the number of U.S. workers who obtained the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

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

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the type of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the results attained, the number of hires, and, if relevant, the number of U.S. applicants rejected, summed up by the specific lawful job-related reasons 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 certified U.S. workers readily available for the position and that 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 actually been approved, the next action is to file 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 category and nation of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is current.

At the I-140 petition stage, adremcareers.com the employer must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to demonstrate ability 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 company’s net income is equivalent to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets are equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement).

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

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not require an authorized PERM application or I-140 petition.) The classifications consist of:

– EB-1: Priority Workers.
– EB-2: referall.us 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 submitted, USCIS will review it and might request extra information or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to determine if there is an available permit. The real green card application can just be submitted if the recipient’s concern date is present, suggesting a green card is instantly available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and indicates when a green card has actually appeared to an applicant based upon their choice classification, country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limit is presently 140,000. This indicates that in any given year, the optimum variety of permits that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for 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 generally includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for eventual production of a permit, employment permission (work authorization) or advance parole document. The beneficiary may be notified of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a visit for the recipient’s interview when his/her priority date becomes existing. 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 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 identify whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit serves as proof of long-term residency in the U.S.