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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit procedure is a multi-step process that enables foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, but for those seeking irreversible residency in the U.S., it is an essential step to accomplishing that goal. In this short article, we will go through the steps of the employment-based green card procedure in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is usually the initial step in the employment-based green card procedure. The process is designed to guarantee that there are no qualified U.S. workers available for the position which the foreign employee will not negatively affect the wages and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, 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 employed employees in a specific occupation in the location of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the location of intended work, referall.us travel requirements (if any), among other things. The dominating wage is the rate the employer should at least provide the long-term position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for ”able, prepared, qualified, and offered” U.S. workers. Generally, the company has 2 when choosing when to begin the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:
– one month task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a newspaper of basic circulation in the area of desired employment, the majority of proper to the occupation and probably to bring actions from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 successive service days.
In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer should choose 3 of the following:
– Job Fairs
– Employer’s business site
– 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 procedure, the employer may be evaluating resumes and carrying out interviews of U.S. workers. The company must keep detailed records of their recruitment efforts, including the variety of U.S. workers who got the position, the number who were spoken with, and the reasons they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, 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 submitted develops the beneficiary’s priority date and identifies 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 documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL usually needs:
– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes achieved, the number of hires, and, if relevant, the number of U.S. candidates turned down, summarized by the particular lawful occupational factors for such rejections.
If an audit is provided 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 company will get it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. workers readily available for the position and that the recipient will not adversely affect the wages and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is current.
At the I-140 petition phase, the employer must likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to show ability to pay:
1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (annual report, income tax return, or audited financial statement).
In addition, it is at this phase that the company will choose the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the worker’s credentials.
There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not need an approved PERM application or I-140 petition.) The categories 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 additional details or paperwork by providing 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 an offered green card. The real green card application can only be filed if the recipient’s concern date is present, somalibidders.com meaning a green card is instantly available 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 shows when a permit has appeared to an applicant based on their preference category, nation of birth, and concern date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be released each year. That limitation is currently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s concern 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 requesting the green card while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for ultimate creation 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 workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to determine if it fulfills among the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up an appointment for the beneficiary’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 check and figure out whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card functions as proof of long-term residency in the U.S.