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 process that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, however for those looking for long-term residency in the U.S., it is a vital action to accomplishing that objective. In this article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the very first action in the employment-based green card process. The procedure is created to ensure that there are no competent U.S. workers readily available for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the job 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 workers in a specific occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of designated work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of use the long-term position at. It is likewise the rate that should be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to test the U.S. labor market through various recruitment techniques for “able, willing, qualified, and offered” U.S. employees. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The company can begin marketing (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 profession, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of general flow in the location of intended work, most appropriate to the profession and probably to bring actions from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task site for a duration of 10 successive company days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be published. The company should choose 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and conducting interviews of U.S. employees. The employer must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who applied for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can submit the PERM application if no qualified 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 beneficiary’s priority date and identifies his/her place in line in the green card visa line.

React To PERM/ Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality control process in the type of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if relevant, the variety of U.S. candidates declined, summed up by the particular legal occupational reasons 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 approved, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no competent U.S. workers available for the position which the recipient will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be eligible 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 stage, the company must also show 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 beneficiary is equivalent 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 (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this phase that the employer will choose the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may 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: referall.us Immigrant Investors

After the I-140 petition is submitted, USCIS will review it and might request additional details or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

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

Every month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and indicates when a green card has actually ended up being readily available to a candidate based upon their choice category, country of birth, and top priority date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be provided each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct required security checks and for ultimate production of a permit, employment authorization (work authorization) or advance parole document. The beneficiary may be notified of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will examine the recipient’s case to figure out if it fulfills among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the recipient’s interview when his/her priority date ends up being present. 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 utilized 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 inspect and identify whether to confess the beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The permit serves as evidence of irreversible residency in the U.S.