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 completely in the U.S. The procedure can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is a necessary step to accomplishing that objective. In this post, 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 usually the first action in the employment-based permit process. The process is developed to ensure that there are no competent U.S. employees available for the position and that the foreign worker will not affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job details are completed, a dominating 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 on the particular position, employment task responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least use the irreversible position at. It is also the rate that should be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to check the U.S. labor market through various recruitment methods for « able, prepared, certified, and offered » U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the location of desired employment, the majority of suitable to the profession and most likely to bring reactions from able, willing, certified, and offered U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 successive organization days.

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

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

During the recruitment procedure, the employer might be reviewing resumes and carrying out interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who obtained the position, the number who were interviewed, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit the PERM application if no qualified 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 recipient’s concern date and determines his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the form of audits to make sure compliance with all PERM policies. In the occasion of an audit, employment the DOL typically 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 employer describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if suitable, the variety of U.S. applicants turned down, summarized by the particular lawful occupational factors 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 employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers readily available for the position and that the beneficiary will not adversely impact the salaries and employment working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, employment depending upon the choice classification and employment country of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is present.

At the I-140 petition stage, the company should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to demonstrate 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 business’s net income is equal to or greater than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net possessions are equal to or higher than the proffered wage (annual report, tax return, or audited financial statement).

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

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not need 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 additional information or documentation by providing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is an available green card. The actual green card application can only be submitted if the beneficiary’s concern date is present, indicating a green card is instantly available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a permit has actually ended up being readily available to an applicant based upon their preference classification, country of birth, and concern date. The date the PERM application is submitted develops the beneficiary’s top 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 implies that in any given year, the optimum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority 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 making an application for employment the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her picture and signature taken and being fingerprinted. This details will be used to conduct required security checks and for eventual development of a permit, employment permission (work permit) or advance parole file. The beneficiary may be alerted of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to determine if it fulfills among the exceptions. If the interview is effective and USCIS approves the application, employment the beneficiary will receive the green card.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the beneficiary’s home country. The consular office sets up a consultation for the recipient’s interview when his/her priority date becomes existing. 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 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 determine whether to confess the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit works as proof of long-term residency in the U.S.