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 procedure can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is a necessary step to accomplishing that objective. In this article, job we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first action in the employment-based green card procedure. The procedure is created to guarantee that there are no certified U.S. workers offered for the position and that the foreign employee will not negatively impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the task description for the sponsored position. Once the job details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized employees in a specific occupation in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least use the permanent position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to check the U.S. labor market through different recruitment approaches for “able, willing, certified, and offered” U.S. employees. Generally, the employer has 2 options when choosing when to begin the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– one month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic circulation in the location of intended work, the majority of appropriate to the profession and probably to bring actions from able, willing, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 successive company days.

In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer should choose 3 of the following:

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

During the recruitment process, the employer might be examining resumes and conducting interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who obtained the position, job 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 released 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 establishes the beneficiary’s concern date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control process in the form of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL typically 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 results accomplished, the variety of hires, and, if appropriate, the number of U.S. declined, job summed up by the specific lawful job-related reasons for such rejections.

If an audit is provided 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 get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. employees available for the position which the recipient will not negatively impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has 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 approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice category and nation of birth, job a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is existing.

At the I-140 petition phase, the company should also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to demonstrate ability to pay:

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

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

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not need an authorized 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 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 may ask for extra details or documents by releasing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available permit. The real permit application can just be submitted if the recipient’s priority date is existing, indicating a green card is immediately offered to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and job indicates when a green card has actually ended up being offered to an applicant based upon their preference classification, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be provided each year. That limit is currently 140,000. This implies that in any given year, job the maximum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top priority date is existing, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes looking for 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 typically involves having his/her photo and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for eventual creation of a permit, employment authorization (work permit) or advance parole document. The beneficiary may be informed of the date, time, and area for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient’s home country. The consular workplace establishes an appointment for the recipient’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 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 inspect and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The green card serves as proof of long-term residency in the U.S.