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 allows foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, however for those seeking permanent residency in the U.S., it is a vital action to achieving that objective. In this post, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based green card procedure. The procedure is designed to ensure that there are no competent U.S. workers offered for the position and that the foreign employee will not adversely impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the task information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise used workers in a specific occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must a minimum of use the permanent position at. It is also the rate that should be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, willing, certified, and available” U.S. workers. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print advertisements in a newspaper of general circulation in the area of designated work, the majority of suitable to the profession and more than likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive business days.

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

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the employer may be reviewing resumes and performing interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the employer can submit the PERM application if no certified 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 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 required to send supporting documentation when a PERM application is filed. Therefore, users.atw.hu the DOL executes a quality assurance in the type of audits to guarantee compliance with all PERM policies. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates declined, summed up by the particular lawful occupational reasons for such rejections.

If an audit is provided 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 authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers offered for the position and that the recipient will not adversely affect the incomes 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 needs to include the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference category and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is current.

At the I-140 petition stage, the company needs to also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 methods to demonstrate ability to pay:

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

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

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not require an approved 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 filed, USCIS will review it and might ask for additional details or documents by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is a readily available permit. The real green card application can only be filed if the beneficiary’s concern date is existing, suggesting a permit is instantly offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a permit has actually appeared to an applicant based on their choice classification, country of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern 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 includes making an application for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual creation of a permit, employment permission (work authorization) or advance parole file. The beneficiary may be notified of the date, time, and place for an interview at a USCIS office to answer concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to figure out if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes making an application for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a consultation for the recipient’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary 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 recipient 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 recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit acts as evidence of long-term residency in the U.S.