The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and job lengthy, but for those seeking permanent residency in the U.S., it is an essential action to accomplishing that goal. In this post, 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 generally the primary step in the employment-based green card procedure. The process is developed to make sure that there are no certified U.S. workers offered for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the job details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise utilized employees in a specific profession in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of desired work, travel requirements (if any), among other things. The dominating wage is the rate the company need to at least use the permanent position at. It is also the rate that needs to 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 require a sponsoring employer to evaluate the U.S. labor market through various recruitment methods for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– one month task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a paper of general circulation in the location of desired work, many proper to the occupation and probably to bring reactions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 consecutive organization days.

In addition to the necessary recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The company needs to pick 3 of the following:

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

During the recruitment process, the employer might be evaluating resumes and performing interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who obtained the position, job the number who were talked to, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit the PERM application if no competent U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s concern date and figures out his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control process in the kind of audits to guarantee compliance with all PERM guidelines. In case of an audit, job the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the number of hires, and, if suitable, the variety of U.S. applicants turned down, summed up by the particular legal occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are included to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers offered for the position and that the recipient will not negatively 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 step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, the employer should also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate ability to pay:

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

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

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved PERM application or I-140 petition.) The categories include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and of Exceptional Ability.
– EB-3: job 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 might request extra information or job documentation by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is an offered permit. The actual permit application can only be submitted if the recipient’s concern date is current, suggesting a permit is immediately offered to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and job suggests when a green card has ended up being offered to an applicant based on their preference classification, country of birth, and priority date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limit is currently 140,000. This indicates 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 beneficiary’s top priority date is current, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves using for the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for eventual production of a permit, work authorization (work authorization) or advance parole document. The beneficiary might be informed of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves using for the permit at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a visit for the beneficiary’s interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and job 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 examine and figure out whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit serves as evidence of irreversible residency in the U.S.