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

The employment-based permit process is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for somalibidders.com those looking for irreversible residency in the U.S., it is a necessary action to attaining that objective. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the task information are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly used employees in a specific occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for referall.us the position, the location of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least offer the permanent position at. It is also the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, prepared, certified, and offered” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of general flow in the area of designated employment, the majority of suitable to the profession and more than likely to bring actions from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer should pick 3 of the following:

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

During the recruitment procedure, the employer may be examining resumes and performing interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the top priority date and determines his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance 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 undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results achieved, the variety of hires, and, if applicable, the variety of U.S. candidates turned down, summarized by the specific legal occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are included 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 competent U.S. workers offered for the position which the recipient will not negatively impact the incomes and working conditions of U.S. employees.

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 should include the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the employer needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 ways to demonstrate ability 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 earnings is equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the company will select the employment-based choice 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 qualifications.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might 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 filed, USCIS will evaluate it and might ask for extra information or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to identify if there is a readily available permit. The actual permit application can only be submitted if the recipient’s priority date is existing, implying a permit is instantly available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a green card has appeared to a candidate based upon their preference classification, country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be issued each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally involves having his/her photo and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual production of a green card, employment permission (work authorization) or advance parole document. The beneficiary might be notified of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes a consultation for the recipient’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is provided 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 present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to confess the recipient into the U.S. If admitted, the recipient will receive the green card in the mail. The green card serves as proof of irreversible residency in the U.S.