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 allows foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is a necessary action to accomplishing that goal. In this post, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed workers in a particular profession in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job 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 employer must at least use the permanent position at. It is likewise the rate that must be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through numerous recruitment approaches for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– thirty days job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a newspaper of general blood circulation in the area of desired employment, most suitable to the occupation and most likely to bring actions from able, prepared, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer should select 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, employment the company may be reviewing resumes and conducting interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, employment the number who were interviewed, employment and the reasons they were not employed.

Submit the PERM/ Application

After the PWD is provided and recruitment is complete, the company can submit the PERM application if no competent 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 develops the beneficiary’s priority date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes achieved, the number of hires, and, if suitable, the variety of U.S. candidates rejected, summarized by the particular lawful occupational reasons for employment such rejections.

If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees available for the position and that the recipient will not negatively impact the incomes and employment working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is existing.

At the I-140 petition stage, the employer needs to likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or employment 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 (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net possessions are equal to or greater than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this stage that the employer will pick 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 staff member’s certifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may 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 submitted, USCIS will evaluate it and might ask for extra info or documentation by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, employment the recipient will inspect the Visa Bulletin to determine if there is an available green card. The real green card application can only be filed if the beneficiary’s concern date is present, meaning a permit is immediately readily available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and shows 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 develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This info will be utilized to perform necessary security checks and for ultimate production of a permit, work authorization (work authorization) or advance parole file. The recipient might be notified of the date, time, and location for an interview at a USCIS office to answer 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 figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes using for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a consultation for the beneficiary’s interview when his/her priority date becomes existing. 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 used 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 inspect and identify whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card works as evidence of permanent residency in the U.S.