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 enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an essential step to attaining that goal. In this post, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the first action in the employment-based permit process. The procedure is created to make sure that there are no qualified U.S. workers readily available for the position and that the foreign worker will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the task description for the sponsored position. Once the task details are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise employed employees in a particular occupation in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer need to at least offer the irreversible position at. It is also the rate that must be paid to the staff member once the permit is gotten. Current processing times for dominating 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 techniques for “able, ready, certified, and available” U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment procedure. The company can begin (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a newspaper of basic blood circulation in the location of designated employment, a lot of suitable to the profession and most likely to bring reactions from able, willing, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive organization days.

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

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

During the recruitment process, the employer may be examining resumes and job carrying out interviews of U.S. workers. The employer should keep comprehensive records of their recruitment efforts, job consisting of the variety of U.S. employees who obtained the position, the number who were talked to, and the reasons why they were not hired.

Submit the PERM/Labor job Certification Application

After the PWD is issued and recruitment is complete, the company 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 recipient’s concern date and figures out his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results achieved, the variety of hires, and, if appropriate, the number of U.S. candidates turned down, summed up by the specific legal job-related factors 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 approved, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees offered for the position which the beneficiary will not adversely affect the wages and working conditions of U.S. employees.

Step 2: job 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 must include the authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the company must also show 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 ways to show capability to pay:

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

In addition, it is at this phase that the employer will choose the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s qualifications.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need an approved 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 job Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will examine it and may request extra info or documents by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to determine if there is an offered green card. The actual permit application can just be filed if the beneficiary’s top priority date is present, indicating a permit is instantly readily available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based on their choice classification, country of birth, and priority date. The date the PERM application is submitted develops the recipient’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top 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 involves making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be used to carry out required security checks and for eventual development of a permit, employment permission (work license) or advance parole document. The beneficiary may be notified of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview achieves success and job USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a visit for the recipient’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given 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 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 figure out whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit serves as proof of irreversible residency in the U.S.