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 process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is a necessary action to attaining that objective. In this article, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the job information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise employed employees in a specific profession in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific 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 company should a minimum of provide the irreversible position at. It is also the rate that must be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to test the U.S. labor market through various recruitment approaches for “able, willing, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 1 month 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 work, the majority of suitable to the occupation and most likely to bring reactions from able, prepared, certified, and adremcareers.com available U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive service days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company should choose 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer might be reviewing resumes and carrying out interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, somalibidders.com including the variety of U.S. employees who made an application for the position, the number who were spoken with, and the factors why they were not worked with.

Submit the PERM/Labor referall.us Certification Application

After the PWD is provided and recruitment is complete, the company can send 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 is filed develops the beneficiary’s top priority date and identifies his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes achieved, the variety of hires, and, if applicable, the variety of U.S. applicants rejected, summed up by the particular legal job-related reasons for such rejections.

If an audit is issued 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 receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees available for the position and that the beneficiary will not negatively affect the salaries and working conditions of U.S. workers.

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 needs to consist of the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is existing.

At the I-140 petition phase, the employer should 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 released. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater 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 statement); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

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

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories may not require an authorized PERM application or I-140 petition.) The classifications include:

– 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 review it and may ask for extra info or documents by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to identify if there is an offered permit. The real permit application can only be filed if the beneficiary’s concern date is current, suggesting a green card is right away readily available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a green card has appeared to an applicant based upon their preference classification, country of birth, and concern date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the maximum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern date is present, 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 permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her picture and signature taken and being fingerprinted. This info will be used to carry out required security checks and for eventual development of a green card, employment authorization (work license) or advance parole file. The recipient may be informed of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to identify if it meets one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing includes using for the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a consultation for the beneficiary’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the recipient is offered 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 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 check and determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card functions as evidence of long-term residency in the U.S.