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 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 long-term residency in the U.S., it is an essential step to attaining that goal. In this article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor employment Certification procedure is usually the primary step in the employment-based green card process. The procedure is developed to guarantee that there are no certified U.S. workers readily available for the position which the foreign employee will not negatively affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly employed employees in a particular occupation in the area of . The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job duties, employment requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must a minimum of offer the long-term position at. It is likewise the rate that must 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 require a sponsoring employer to evaluate the U.S. labor market through different recruitment methods for «able, willing, certified, and readily available» U.S. employees. Generally, the employer has 2 choices when choosing when to begin the recruitment process. The company can begin advertising (1) while the dominating 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:

– one month task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a paper of general flow in the area of intended employment, the majority of appropriate to the occupation and more than likely to bring actions from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive company days.

In addition to the necessary recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The company needs to select 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer might be examining resumes and performing interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were talked to, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no competent 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 concern date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the form of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put 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 accomplished, the number of hires, and, if relevant, the variety of U.S. applicants turned down, summed up by the specific legal job-related factors for such rejections.

If an audit is released on a case, 3 to 4 months are contributed 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 available for the position and that the recipient will not negatively impact 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 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 evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the company should likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate capability to pay:

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

In addition, it is at this stage that the employer will select the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for employment the position that was listed on the PERM application and the staff member’s qualifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not require an approved PERM application or employment I-140 petition.) The categories 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 filed, USCIS will examine it and may ask for extra details or paperwork by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an available permit. The actual green card application can only be filed if the beneficiary’s top priority date is present, indicating a green card is right away available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has ended up being readily available to a candidate based on their choice category, nation of birth, and employment concern date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the optimum variety of permits that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate development of a permit, work authorization (work permit) or advance parole document. The recipient might be notified of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation concerning 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 succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a consultation for the beneficiary’s interview when his/her top priority date ends up being current. 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 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 examine and identify whether to confess the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card functions as evidence of long-term residency in the U.S.