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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 permanently in the U.S. The procedure can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is an essential action to achieving that goal. In this short article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based green card procedure. The process is designed to guarantee that there are no qualified U.S. workers readily available for the position and that the foreign employee will not adversely impact the salaries 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 task 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 similarly used employees in a particular profession in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the company should a minimum of use the permanent position at. It is also the rate that must be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through various recruitment methods for “able, ready, qualified, and offered” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment process. 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:

– thirty days job order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a paper of general circulation in the area of designated work, the majority of proper to the profession and more than likely to bring responses from able, ready, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 successive business days.

In addition to the obligatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer must choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the company might be examining resumes and conducting interviews of U.S. employees. The employer should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can submit the PERM application if no certified 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 recipient’s concern date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes accomplished, the number of hires, and, if suitable, the variety of U.S. candidates turned down, summarized by the specific legal occupational reasons for such rejections.

If an audit is provided 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. workers available for the position which the beneficiary will not adversely affect the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is current.

At the I-140 petition phase, the employer must 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 capability 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 higher than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net possessions amount to or greater than the proffered wage (annual report, income tax return, or audited financial statement).

In addition, it is at this stage that the employer will choose the employment-based preference classification for the sponsored position. The category depends on 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 green cards, and each has its own set of requirements. (Please note, some categories may not need an authorized PERM application or 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 submitted, USCIS will examine it and may request additional information or documentation by providing an Ask for Evidence (RFE).

Step 3: referall.us Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an available green card. The actual permit application can just be submitted if the recipient’s top priority date is current, suggesting a green card is right away readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a green card has actually appeared to a candidate based on their choice classification, nation of birth, and concern date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration 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 variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority date is existing, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes looking for the permit 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 usually includes having his/her picture and signature taken and being fingerprinted. This details will be used to carry out required security checks and for eventual creation of a permit, employment authorization (work license) or advance parole document. The recipient may be notified of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to identify if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a visit for the beneficiary’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the is given 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 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 determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit acts as evidence of long-term residency in the U.S.