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 enables 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 an important step to attaining that goal. In this post, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit procedure. The process is designed to ensure that there are no qualified U.S. workers readily available for the position and that the foreign worker will not adversely affect 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 defined as the typical wage paid to likewise used employees in a particular occupation in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should a minimum of offer the permanent position at. It is also the rate that needs to be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to evaluate the U.S. labor market through various recruitment methods for “able, willing, certified, and readily available” U.S. workers. Generally, the employer has 2 alternatives when deciding when to start the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– one month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of general circulation in the location of desired employment, the majority of appropriate to the profession and probably to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the job website for a period of 10 successive company days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company should choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or employment professional organization
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer may be examining resumes and carrying out interviews of U.S. employees. The employer must keep in-depth records of their recruitment efforts, including the variety of U.S. employees who made an application for the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can send the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary’s top 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 send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the kind of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the results accomplished, the number of hires, and, if relevant, the number of U.S. candidates declined, summarized by the specific lawful occupational reasons for such rejections.

If an audit is provided 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 employer will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers available for employment the position and that the recipient will not adversely impact the salaries 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, employment a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the employer should also show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net possessions are equal to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration).

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

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

– 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 examine it and might ask for additional information or documentation by releasing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, employment the beneficiary will examine the Visa Bulletin to identify if there is a readily available permit. The real permit application can just be filed if the beneficiary’s concern date is existing, indicating a green card is right away offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and suggests when a permit has 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 top priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be released each year. That limit is currently 140,000. This means that in any given year, the maximum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves obtaining the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual production of a green card, work authorization (work permit) or advance parole document. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation regarding 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 permit.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a consultation for the beneficiary’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the recipient 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 beneficiary will present 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 confessed, the beneficiary will receive the green card in the mail. The green card functions as proof of permanent residency in the U.S.