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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 allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking long-term residency in the U.S., it is an important action to attaining 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 procedure is generally the initial step in the employment-based permit procedure. The procedure is designed to guarantee that there are no competent U.S. workers readily available for the position and that the foreign worker will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific profession in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company need to at least provide the irreversible position at. It is likewise the rate that should be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

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

All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a paper of basic flow in the location of desired employment, the majority of appropriate to the occupation and most likely to bring responses from able, prepared, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive company days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The must choose 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can submit the PERM application if no competent 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 top priority date and determines his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the results achieved, the variety of hires, and, if appropriate, the variety of U.S. candidates declined, 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 included to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers offered for the position and that the recipient will not negatively affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include 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 may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.

At the I-140 petition stage, the company must 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 methods to show capability to pay:

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

In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories may not require an approved PERM application or I-140 petition.) The classifications 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 submitted, USCIS will review it and might request extra details or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, referall.us the beneficiary will examine the Visa Bulletin to figure out if there is an offered green card. The actual green card application can only be submitted if the beneficiary’s top priority date is existing, suggesting a green card is instantly readily available to the beneficiary.

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

Once the beneficiary’s concern date is present, he/she will either go through modification 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 includes having his/her image and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for ultimate development of a permit, work authorization (work license) or advance parole file. The beneficiary might be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will review the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes a consultation for the beneficiary’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and figure out whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit acts as proof of irreversible residency in the U.S.