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 permits foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is a necessary step to achieving that goal. In this short 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 process is usually the primary step in the employment-based permit process. The process is designed to make sure that there are no certified U.S. workers offered for the position which the foreign employee will not impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by preparing the task description for the sponsored position. Once the task details are settled, 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 utilized employees in a particular occupation in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job responsibilities, requirements for the position, employment the location of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of offer the permanent position at. It is also the rate that needs to 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 require a sponsoring company to evaluate the U.S. labor market through different recruitment techniques for “able, ready, qualified, and available” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can begin 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 occupation, require the following recruitment efforts:

– one month task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of basic blood circulation in the area of intended employment, many appropriate to the profession and probably to bring actions from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 successive organization days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the employer might be reviewing resumes and conducting interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, employment the number who were interviewed, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit 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 submitted develops the recipient’s top priority date and identifies his/her location in line in the green card visa queue.

Respond to PERM/Labor employment Certification Audit (if any)

A company is not required to submit supporting documents 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 regulations. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the results attained, the variety of hires, and, if suitable, the variety of U.S. candidates turned down, summed up by the particular legal job-related factors for such rejections.

If an audit is issued 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 authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. employees available for the position and that 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 actually been approved, employment the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference category and nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, 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 permit is released. There are 3 methods to demonstrate capability to pay:

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

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

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might 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 extra details or documentation by releasing a Demand employment for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is a readily available green card. The real green card application can only be filed if the recipient’s top priority date is current, meaning a green card is immediately readily available to the recipient.

Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a permit has appeared to an applicant based upon their choice classification, country of birth, and concern date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is currently 140,000. This suggests that in any given year, the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves applying for the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for eventual production of a green card, work authorization (work permit) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to determine if it satisfies one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a consultation for the recipient’s interview when his/her priority date ends up being 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 utilized by USCIS to process the Visa Packet and produce the green card. The recipient 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 determine whether to admit the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The green card acts as evidence of irreversible residency in the U.S.