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 enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is a vital action to achieving that objective. In this post, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based green card procedure. The process is designed to make sure that there are no competent U.S. employees 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 company begins the PERM procedure by drafting the task description for the sponsored position. Once the job details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific occupation in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the company should at least use 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 regulations require a sponsoring employer to test the U.S. labor market through various recruitment methods for “able, ready, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. 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 occupation, require the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a paper of basic circulation in the location of intended work, most suitable to the occupation and most likely to bring actions from able, prepared, certified, employment and available U.S. employees; and
– Notice of Filing to be posted at the job site for a duration of 10 successive organization days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer should pick 3 of the following:

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

During the recruitment procedure, employment the company may be examining resumes and conducting interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who made an application for the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can submit the PERM application if no competent U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s concern date and figures out his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates declined, summed up by the particular lawful occupational reasons for such rejections.

If an audit is provided 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 authorized, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees readily available for the position and that the beneficiary will not negatively 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and employment the I-485 adjustment of status application simultaneously if his/her priority date is current.

At the I-140 petition phase, the company should likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration).

In addition, it is at this phase that the employer 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 credentials.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not need an approved PERM application or employment 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 details or employment documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to identify if there is an offered green card. The actual permit application can only be filed if the beneficiary’s concern date is current, meaning a green card is instantly offered to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and indicates when a green card has actually ended up being readily available to an applicant based upon their preference classification, country of birth, employment and concern date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient 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 information will be used to conduct necessary security checks and for eventual development of a permit, employment authorization (work authorization) or advance parole document. The recipient might be notified of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it fulfills one of the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up an appointment 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 recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit functions as evidence of irreversible residency in the U.S.