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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, however for those looking for permanent residency in the U.S., it is an important action to attaining that objective. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based permit procedure. The procedure is developed to make sure that there are no qualified U.S. workers available for the position and that the foreign worker will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job details are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized workers in a particular profession in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for job the position, job the area of designated work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer must at least provide the long-term position at. It is also the rate that must be paid to the worker once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through various recruitment approaches for « able, willing, qualified, and readily available » U.S. employees. Generally, the employer has 2 alternatives when choosing 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 released.

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

– 30 day task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a paper of general circulation in the location of desired work, the majority of proper to the profession and most likely to bring reactions from able, prepared, qualified, job and readily available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive organization days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The employer must select 3 of the following:

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

During the recruitment procedure, the employer may be examining resumes and performing interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, including the variety of U.S. employees who requested 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 complete, the company can send the PERM application if no certified 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 submitted establishes the beneficiary’s top priority date and determines his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to make sure compliance with all PERM guidelines. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned 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 relevant, job the variety of U.S. applicants declined, summarized by the particular lawful occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are contributed to the total 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/ validates that there are no competent U.S. employees readily available for the position which the beneficiary will not negatively impact the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition phase, the employer should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equal 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 (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, income tax return, or audited financial statement).

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may not require 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: job Certain Special Immigrants.
– EB-5: Immigrant Investors

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

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is an available green card. The real green card application can only be filed if the recipient’s concern date is existing, indicating a green card is instantly readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a permit has actually appeared to a candidate based on their choice category, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be provided each year. That limit is presently 140,000. This suggests that in any given year, the optimum number of green cards that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and job being fingerprinted. This information will be utilized to carry out required security checks and for eventual production of a permit, work authorization (work authorization) or advance parole document. The recipient might be alerted of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a consultation for the beneficiary’s interview when his/her top priority date becomes 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 used by USCIS to process the Visa Packet and produce the green card. 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 check and identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The permit serves as evidence of irreversible residency in the U.S.