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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 enables foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, but for those seeking permanent residency in the U.S., it is an essential step to accomplishing that goal. In this post, 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 initial step in the employment-based permit procedure. The process is created to make sure that there are no qualified U.S. workers readily available for the position and employment that the foreign worker will not adversely impact the wages and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM process by drafting the job description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed workers in a specific occupation in the area of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, employment requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of offer the long-term position at. It is also the rate that should 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 policies require a sponsoring company to the U.S. labor market through different recruitment approaches for « able, prepared, qualified, and offered » U.S. workers. Generally, the company has 2 options when choosing when to begin the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.
All PERM applications, employment whether for an expert or non-professional profession, need the following recruitment efforts:
– 1 month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of general flow in the area of designated employment, many proper to the occupation and probably to bring reactions from able, prepared, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.
In addition to the compulsory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company must pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment procedure, the company may be examining resumes and carrying out interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who made an application for the position, the number who were interviewed, and the factors why they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is total, the company can send the PERM application if no qualified 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 recipient’s top priority date and identifies his/her place in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the kind of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL typically 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 undertaken and the outcomes achieved, the number of hires, and, if appropriate, the variety of U.S. candidates declined, summed up by the particular lawful occupational factors for such rejections.
If an audit is released on a case, 3 to 4 months are included to the total 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 verifies that there are no competent U.S. employees readily available for the position which the recipient will not adversely affect the wages and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has 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 include the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is present.
At the I-140 petition stage, the employer should likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 ways to show ability to pay:
1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net possessions are equivalent to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).
In addition, it is at this stage that the employer will pick the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.
There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need an authorized 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, 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 may request additional info or documents by providing an Ask for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is a readily available permit. The real permit application can only be filed if the beneficiary’s top priority date is existing, suggesting a green card is right away offered to the beneficiary.
On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a green card has actually ended up being readily available to an applicant based on their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be issued each year. That limit is currently 140,000. This implies that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.
Once the recipient’s top priority date is existing, he/she will either go through change of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status includes obtaining the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for eventual creation of a permit, employment authorization (work license) or advance parole document. The recipient might be informed of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the permit.
Consular Processing
Consular processing includes obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her priority date becomes present. 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 utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary 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 determine whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The permit serves as evidence of long-term residency in the U.S.