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 procedure that allows to live and work completely in the U.S. The process can be complicated and prolonged, but for those looking for long-term residency in the U.S., it is a necessary action to accomplishing that goal. In this article, 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 very first step in the employment-based green card process. The process is designed to ensure that there are no competent U.S. workers 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 employer begins the PERM process by preparing the task description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor employment (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed employees in a particular occupation in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must at least use the irreversible position at. It is likewise the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, ready, qualified, and readily available” U.S. workers. Generally, the employer has 2 alternatives when deciding when to start the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or employment (2) after the PWD is issued.

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

– one month job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of basic flow in the area of intended employment, most 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 published at the task site for a duration of 10 consecutive business days.

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

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee recommendation program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the employer might be examining resumes and performing interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, employment including the number of U.S. workers who made an application for the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit the PERM application if no competent U.S. employees 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 priority date and identifies his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes accomplished, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, 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 contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no certified U.S. employees available for the position and that the beneficiary will not negatively impact the earnings 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 include the approved PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, employment depending upon the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the employer must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods 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 company’s earnings is equal to or employment greater than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

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

There are several categories of employment-based permits, and employment each has its own set of requirements. (Please keep in mind, some classifications may 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, 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 extra information or documents by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to determine if there is a readily available green card. The real permit application can only be filed if the recipient’s concern date is existing, implying a permit is right away available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and suggests when a green card has actually appeared to an applicant based upon their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limit is presently 140,000. This suggests that in any given year, the maximum variety of permits that can be released to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is current, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally includes having his/her photo and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and for eventual production of a green card, work authorization (work authorization) or advance parole file. The recipient may be notified of the date, time, and location 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 authorities will examine the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is effective and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up an appointment for the recipient’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, 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 permit. 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 beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The green card acts as proof of irreversible residency in the U.S.