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

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is a vital action to accomplishing that goal. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the first step in the employment-based green card procedure. The procedure is developed to make sure that there are no competent U.S. employees offered for the position and that the foreign worker will not negatively affect the earnings 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 prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise employed workers in a particular profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must a minimum of use the permanent position at. It is likewise the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment approaches for “able, willing, qualified, and offered” U.S. workers. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– thirty days task order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print advertisements in a paper of basic circulation in the area of designated employment, the majority of appropriate 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 task website for employment a period of 10 consecutive service days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company must select 3 of the following:

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

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

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no qualified 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 submitted develops the beneficiary’s concern date and identifies 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 paperwork when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the kind of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL typically requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes attained, the number of hires, and, if appropriate, the variety of U.S. applicants declined, summarized by the particular legal job-related factors 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 employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position which the beneficiary will not adversely impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice category and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.

At the I-140 petition phase, the employer must also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to demonstrate 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 earnings is equal to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).

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

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, employment 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, employment and employment Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 is submitted, USCIS will review it and might ask for additional details or documents by releasing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is a readily available green card. The actual green card application can just be submitted if the recipient’s concern date is existing, suggesting a permit is instantly offered to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has appeared to an applicant based on their choice classification, nation of birth, and top priority date. The date the PERM application is submitted develops the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limit is presently 140,000. This suggests that in any given year, the maximum number of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern date is current, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This information will be utilized to perform necessary security checks and for eventual production of a green card, work permission (work permit) or advance parole document. The recipient might be alerted of the date, employment time, and place for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves applying for the permit at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the beneficiary’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. 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 check and determine whether to admit the recipient into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit functions as evidence of permanent residency in the U.S.