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

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

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the very first step in the employment-based green card process. The process is developed to ensure that there are no competent U.S. workers readily available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the job details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise employed workers in a particular profession in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, 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 company must 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 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 numerous recruitment methods for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The company can start 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 task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a newspaper of basic flow in the area of desired employment, many suitable to the profession and most likely to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 successive service days.

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

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

During the recruitment procedure, the company might be examining resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who looked for the position, the number who were interviewed, and the reasons why 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 discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the beneficiary’s concern date and figures out his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality control process in the kind of audits to guarantee compliance with all PERM guidelines. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results achieved, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summed up by the specific lawful occupational factors for such rejections.

If an audit is released 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. workers offered for the position which the recipient 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 needs to consist of the approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is present.

At the I-140 petition stage, the company needs to likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to show capability 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 business’s net income is equal to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (annual 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 classification depends upon the minimum requirements for the position that was listed on the PERM application and the worker’s certifications.

There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not need an approved 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, referall.us and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is submitted, USCIS will evaluate it and may request extra details or documentation by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is an available permit. The actual permit application can only be submitted if the recipient’s top priority date is current, implying a permit is immediately readily available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and shows when a green card has ended up being available to a candidate based on their preference classification, nation of birth, and concern date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be provided each year. That limit is presently 140,000. This means that in any given year, the maximum number of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern date is existing, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves using for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be used to carry out required security checks and for eventual development of a green card, employment authorization (work permit) or advance parole file. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace a visit for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient 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 permit. 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 inspect and identify whether to confess the recipient into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit functions as proof of irreversible residency in the U.S.