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

The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is a vital step to achieving that objective. In this short article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit procedure. The process is designed to ensure that there are no competent U.S. workers available for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the task details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise used workers in a particular occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the irreversible position at. It is also the rate that needs to be paid to the employee once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through different recruitment techniques for “able, prepared, qualified, and readily available” U.S. workers. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, employment whether for a professional or non-professional occupation, need the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic circulation in the area of intended employment, many proper to the profession and more than likely to bring reactions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be published at the task website for a period of 10 successive company days.

In addition to the obligatory recruitment pointed out above, the DOL requires 3 additional 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 company
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company might be reviewing resumes and carrying out interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, including the variety of U.S. workers who looked for the position, the number who were talked to, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, employment the company can submit the PERM application if no qualified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s concern date and figures out his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the type of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the outcomes achieved, the number of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the specific lawful occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are included to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position which the beneficiary will not negatively affect the salaries 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, employment depending upon the choice classification and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the company needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to show ability to pay:

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

In addition, it is at this phase that the company will select 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 classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an approved PERM application or I-140 petition.) The categories include:

– 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 issuing a Demand for Evidence (RFE).

Step 3: Permit Application

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

Every month, the Department of State releases the Visa Bulletin, which the availability of immigrant visa (permit) numbers and suggests when a permit has ended up being offered to an applicant based upon their preference category, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be released each year. That limitation is currently 140,000. This implies that in any given year, the maximum variety of permits that can be issued to employment-based applicants and employment their dependents is 140,000.

Once the recipient’s concern date is current, he/she will either go through adjustment of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves obtaining the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for ultimate creation of a permit, work authorization (work authorization) or advance parole document. The recipient may be notified of the date, time, and area 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 officials will evaluate the recipient’s case to determine if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 examine and identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card works as proof of irreversible residency in the U.S.