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

The employment-based permit process is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is a vital action to attaining that objective. 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 green card procedure. The procedure is designed to make sure that there are no qualified U.S. workers readily available for the position and that the foreign employee will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the task description for the sponsored position. Once the job details are settled, a prevailing wage application is sent to the of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed workers in a specific profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least provide the permanent position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to evaluate the U.S. labor market through various recruitment techniques for “able, willing, certified, and offered” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. The employer can start marketing (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:

– one month task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of basic circulation in the area of desired employment, many suitable to the profession and probably to bring reactions from able, prepared, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job site 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 needs to select 3 of the following:

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

During the recruitment process, the employer might be reviewing resumes and carrying out interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who looked for the position, the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no competent 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 filed develops the recipient’s priority date and identifies his/her place in line in the permit 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 carries out a quality control procedure in the kind of audits to ensure 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 put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if appropriate, the variety of U.S. candidates declined, summarized by the specific legal occupational factors for such rejections.

If an audit is issued 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 approved PERM/Labor Certification verifies that there are no certified U.S. workers readily available for employment the position which the recipient will not adversely impact the earnings and working conditions of U.S. employees.

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 needs to consist of the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the company needs to likewise 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 capability to pay:

1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income 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 are equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the company will pick the employment-based preference classification 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 numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not require an authorized PERM application or I-140 petition.) The classifications include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and employment 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, employment USCIS will review it and may request extra info or documentation by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is an offered permit. The real permit application can just be filed if the recipient’s priority date is existing, suggesting a permit is right away 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 shows when a green card has actually become readily available to a candidate based on their choice category, country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be issued each year. That limitation is currently 140,000. This implies that in any given year, the optimum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s 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 involves requesting the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), employment the recipient is informed to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This information will be utilized to perform required security checks and for eventual development of a green card, employment authorization (work license) or advance parole file. The recipient may be informed of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’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 permit.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the recipient’s home country. The consular office establishes an appointment for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used 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 examine and determine whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The green card functions as evidence of long-term residency in the U.S.