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 allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking permanent residency in the U.S., it is a necessary action to accomplishing that objective. In this post, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based permit procedure. The procedure is created to guarantee that there are no competent U.S. employees readily available for the position which the foreign worker will not adversely impact the salaries and job 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 job information are completed, a prevailing 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 concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the area of desired work, travel requirements (if any), amongst other things. The dominating wage is the rate the company should at least provide the long-term position at. It is also the rate that should be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through various recruitment techniques for “able, prepared, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment process. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– thirty days task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a paper of basic circulation in the location of desired work, the majority of appropriate to the occupation and most likely to bring responses from able, ready, qualified, and readily available U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive service days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The employer needs to pick 3 of the following:

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

During the recruitment process, the company might be examining resumes and performing interviews of U.S. employees. The company needs to 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 talked to, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send 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 develops the beneficiary’s concern date and identifies his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the type of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the outcomes attained, the number of hires, and, if suitable, the variety of U.S. applicants rejected, summed up by the particular lawful occupational factors for such rejections.

If an audit is released on a case, job 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 authorized, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position and that the recipient will not adversely affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, job the next action is to file 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 beneficiary’s certifications for the sponsored position. Please note, job depending upon the choice classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is existing.

At the I-140 petition phase, the employer must likewise 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 issued. There are 3 methods to demonstrate ability to pay:

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

In addition, it is at this stage that the company will choose the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s credentials.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an authorized PERM application or 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 submitted, USCIS will review it and might ask for additional info or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is a readily available permit. The real green card application can just be submitted if the beneficiary’s top priority date is existing, implying a permit is right away readily available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a permit has appeared to a candidate 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 migration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the optimum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is present, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for ultimate creation of a permit, employment permission (work authorization) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her priority date ends up being existing. 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 green card. The recipient 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 figure out whether to admit the beneficiary into the U.S. If admitted, the beneficiary will receive the green card in the mail. The green card serves as evidence of long-term residency in the U.S.