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

The employment-based green card procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based permit process. The process is developed to guarantee that there are no certified U.S. workers offered for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the task details are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized workers in a particular occupation in the area of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for the position, the location of designated work, travel requirements (if any), among other things. The prevailing wage is the rate the company must a minimum of offer the permanent position at. It is likewise the rate that must be paid to the worker once the permit 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 check the U.S. labor market through numerous recruitment techniques for «able, ready, qualified, and available» U.S. workers. Generally, the employer has 2 alternatives when deciding when to begin the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 30 day task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a newspaper of basic blood circulation in the location of designated work, the majority of appropriate to the occupation and most likely to bring actions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the job website for a period of 10 consecutive organization days.

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

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

During the recruitment procedure, the company may be reviewing resumes and carrying out of U.S. employees. The employer must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who got the position, the number who were interviewed, employment and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and employment recruitment is complete, the company can submit the PERM application if no certified 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 filed establishes the recipient’s concern date and identifies his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes achieved, the variety of hires, and, if relevant, the number of U.S. candidates turned down, summed up by the specific legal job-related reasons for employment such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total 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 approved PERM/Labor Certification validates that there are no competent U.S. employees available for the position and that the beneficiary will not adversely impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the employer should likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to show ability to pay:

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

In addition, it is at this stage that the company will choose the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved 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 submitted, USCIS will review it and may ask for additional info or documentation by releasing 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 green card. The actual permit application can just be submitted if the recipient’s priority date is current, indicating a green card is right away available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a permit has actually become readily available to a candidate based on their choice classification, country of birth, and priority date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be issued each year. That limit is presently 140,000. This implies that in any given year, the optimum variety of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and for ultimate development of a permit, work authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and area for an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for employment the beneficiary’s interview when his/her concern date becomes 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 used 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 identify whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card functions as evidence of permanent residency in the U.S.