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  • Founded Date October 23, 2014
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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 procedure that permits foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those seeking long-term residency in the U.S., it is an important step to accomplishing that goal. In this article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the first step in the employment-based permit process. The procedure is designed to guarantee that there are no certified U.S. employees readily available for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the task information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed workers in a particular occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, employment the area of desired employment, (if any), among other things. The dominating wage is the rate the employer need to at least provide the irreversible position at. It is likewise the rate that needs to be paid to the worker once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to test the U.S. labor market through various recruitment methods for “able, ready, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when choosing when to start the recruitment process. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– thirty days job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a paper of basic flow in the location of designated employment, many appropriate to the profession and most likely to bring actions from able, willing, certified, and offered U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive business days.

In addition to the obligatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The company must choose 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and performing interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send 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 filed develops the recipient’s top priority date and identifies his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the type of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results attained, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the particular legal occupational factors for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the total 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 certified U.S. workers available for the position which the recipient will not adversely impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice category and nation of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the company must also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to show ability to pay:

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

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

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications might not require an authorized 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: employment Immigrant Investors

After the I-140 petition is filed, USCIS will review it and might request additional details or documents by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an available permit. The actual permit application can only be filed if the recipient’s concern date is current, indicating a permit is instantly readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a green card has actually become readily available to an applicant based on their choice classification, country of birth, and concern date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 140,000. This means that in any given year, the maximum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority date is current, he/she will either go through adjustment of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for eventual development of a green card, work authorization (work permit) or advance parole file. The beneficiary might be notified of the date, time, and place for employment an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to identify if it fulfills among the exceptions. If the interview is successful and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up an appointment for the beneficiary’s interview when his/her concern date ends up being current. 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 used by USCIS to process the Visa Packet and produce the permit. The beneficiary will provide the Visa Packet to the U.S. Customs and employment Border Protection (CPB) officer at the port of entry. The CBP officer will examine and figure out whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The green card acts as evidence of permanent residency in the U.S.

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