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 permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is an important action to attaining that objective. In this short article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the very first action in the employment-based permit procedure. The procedure is created to make sure that there are no certified U.S. employees available for the position which the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly utilized employees in a particular occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, task responsibilities, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to at least provide the long-term position at. It is likewise the rate that needs to be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment approaches for « able, willing, certified, and available » U.S. employees. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– one month job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the area of intended employment, most proper to the occupation and probably to bring reactions from able, prepared, job certified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive service days.

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

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, job the employer might be examining resumes and conducting interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who got the position, the number who were interviewed, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can send 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 submitted establishes the beneficiary’s top priority date and identifies his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process 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 placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes achieved, the number of hires, and, if appropriate, job the number of U.S. applicants turned down, summed up by the specific lawful job-related factors 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 approved, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers readily available for the position which the recipient will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include 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 recipient may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the employer must also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate ability to pay:

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

In addition, it is at this phase that the company will select the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

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 authorized PERM application or I-140 petition.) The classifications include:

– EB-1: job 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 evaluate 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 approved, the beneficiary will inspect the Visa Bulletin to determine if there is an offered green card. The real permit application can just be submitted if the recipient’s concern date is present, suggesting a green card is immediately readily available to the recipient.

Each month, job the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based on their choice category, nation of birth, and concern date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be released each year. That limit is currently 140,000. This means that in any given year, the maximum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern date is present, he/she will either go through modification of status or job consular processing to get the green card.

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This information will be used to conduct necessary security checks and for ultimate production of a green card, work authorization (work permit) or advance parole document. The recipient may be alerted of the date, time, job and place for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a consultation for the beneficiary’s interview when his/her top priority date ends up being existing. 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 examine and determine whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit serves as proof of permanent residency in the U.S.