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 procedure that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for those looking for long-term residency in the U.S., it is an essential action to attaining that goal. In this post, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based green card procedure. The process is created to ensure that there are no competent U.S. employees available for the position which the foreign employee will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the job description for the sponsored position. Once the job details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used employees in a particular profession in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer should a minimum of provide the irreversible position at. It is likewise the rate that should be paid to the staff member once the green card is received. Current processing times for dominating 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 different recruitment approaches for “able, prepared, certified, and offered” U.S. workers. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. The employer 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, employment need the following recruitment efforts:

– 30 day task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a newspaper of basic flow in the location of intended employment, many appropriate to the profession and probably to bring reactions from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive service days.

In addition to the necessary recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer should choose 3 of the following:

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

During the recruitment process, the company might be examining resumes and conducting interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the variety of U.S. workers who got the position, employment 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 total, the company can send 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 submitted develops the recipient’s concern date and determines his/her location in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the kind of audits to guarantee compliance with all PERM guidelines. In the event of an audit, the DOL normally requires:

– Evidence of all recruitment efforts out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. candidates turned down, employment summarized by the specific lawful job-related reasons for such rejections.

If an audit is released on a case, 3 to 4 months are contributed to the total 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 authorized PERM/Labor Certification verifies that there are no certified U.S. workers offered for the position which the beneficiary will not negatively impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference classification and nation of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition stage, the employer needs to also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (annual report, tax return, or audited monetary statement).

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

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories may not need an approved 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 request extra info or paperwork by releasing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available permit. The real permit application can just be filed if the beneficiary’s top priority date is present, implying a green card is instantly offered to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and shows when a green card has actually appeared to an applicant based upon their choice category, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the optimum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This details will be used to carry out required security checks and for ultimate production of a permit, employment authorization (work license) or advance parole file. The beneficiary might be informed of the date, time, and place 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 recipient’s case to determine if it satisfies among the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a consultation for the beneficiary’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the beneficiary 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 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 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 functions as proof of permanent residency in the U.S.