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 permits foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, but for those seeking irreversible residency in the U.S., it is a necessary action to attaining that goal. In this post, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor job Certification process is typically the primary step in the employment-based green card process. The procedure is created to guarantee that there are no competent U.S. workers offered for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The rate is specified as the typical wage paid to likewise utilized employees in a particular occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the employer should at least use the irreversible position at. It is likewise the rate that should be paid to the worker once the green card is gotten. 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 numerous recruitment approaches for “able, ready, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 30 day job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of basic flow in the area of desired employment, the majority of suitable to the profession and most likely to bring actions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 consecutive organization days.

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

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

During the recruitment procedure, the company might be reviewing resumes and performing interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were talked to, and the reasons why 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 filed establishes the beneficiary’s priority date and figures out his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the type of audits to guarantee compliance with all PERM guidelines. In the event of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes accomplished, the variety of hires, and, if suitable, the variety of U.S. candidates declined, summed up by the particular lawful job-related reasons for such rejections.

If an audit is issued 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 authorized PERM/Labor Certification validates that there are no qualified U.S. workers readily available for the position and that the beneficiary will not negatively impact the salaries and working conditions of U.S. employees.

Step 2: job 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 job Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the company should likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 methods 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 (yearly report, income tax return, or job 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 declaration).

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an approved 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, 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 might ask for job additional information or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is an available permit. The real green card application can just be filed if the recipient’s top priority date is existing, implying a permit is immediately readily available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has appeared to a candidate based on their preference classification, nation of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After an adjustment 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 details will be utilized to perform necessary security checks and for ultimate development of a permit, employment authorization (work license) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to identify if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular office establishes a visit for the recipient’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, job the beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized 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 check and identify whether to admit the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The green card acts as proof of permanent residency in the U.S.