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 procedure that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is an essential step to accomplishing that objective. In this article, we will go through the steps of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the very first action in the employment-based green card process. The process is created to make sure that there are no qualified U.S. employees available for the position which the foreign employee will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job 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 likewise employed workers in a particular profession in the location of desired work. The DOL concerns 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), to name a few things. The dominating wage is the rate the employer need to at least provide the long-term position at. It is likewise the rate that should be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to check the U.S. labor market through different recruitment approaches for “able, willing, certified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment process. The company can begin advertising (1) while the prevailing 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 job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of desired employment, a lot of appropriate to the occupation and probably to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 consecutive organization days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company should pick 3 of the following:

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

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

Submit the PERM/Labor employment Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no competent U.S. employees were discovered. 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 top priority date and determines his/her location in line in the green card visa queue.

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 carries out a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results achieved, the number of hires, and, if suitable, the variety of U.S. candidates turned down, summarized by the specific lawful job-related factors for such rejections.

If an audit is released 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 approved, the company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position and that the recipient will not adversely impact the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has 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 proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the choice classification and employment country of birth, a recipient may be eligible 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 stage, the company needs to also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods to show ability to pay:

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

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may not need an approved 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 request extra details or documents by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to identify if there is an offered green card. The actual permit application can only be filed if the beneficiary’s priority date is present, meaning a permit is right away available to the beneficiary.

Every month, employment the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a permit has actually ended up being offered to a candidate based on their preference classification, country of birth, and priority date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limit is currently 140,000. This implies that in any given year, the maximum number of permits that can be provided to employment-based candidates 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 receive the green card.

Adjustment of Status

Adjustment of status includes obtaining the permit 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 normally includes having his/her image and signature taken and being fingerprinted. This information will be utilized to perform required security checks and employment for ultimate development of a permit, employment authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to determine if it fulfills among the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves obtaining 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 concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and employment produce the permit. The beneficiary 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 determine whether to confess the recipient into the U.S. If confessed, the will get the permit in the mail. The green card serves as proof of irreversible residency in the U.S.