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 procedure can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is an essential step to achieving that objective. In this post, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based green card process. The procedure is developed to guarantee that there are no qualified U.S. employees offered for the position which the foreign employee will not adversely affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the task description for employment the sponsored position. Once the task details are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly utilized employees in a particular occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the location of designated work, travel requirements (if any), employment to name a few things. The prevailing wage is the rate the company should a minimum of offer the irreversible position at. It is likewise the rate that must be paid to the worker once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor employment market through numerous recruitment methods for ”able, prepared, certified, and offered” U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The company can start advertising (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 area of desired employment;
– Two Sunday print ads in a newspaper of general circulation in the location of designated work, the majority of suitable to the profession and most likely to bring actions from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 successive service days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be published. The employer should select 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee referral program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the employer might be reviewing resumes and carrying out interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were interviewed, and employment the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit the PERM application if no qualified U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s concern date and identifies his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results achieved, the variety of hires, and, if applicable, the variety of U.S. applicants rejected, summarized by the specific legal occupational factors 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 company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. employees offered for the position which the beneficiary will not negatively affect the earnings 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 needs to include the authorized PERM application and proof of the recipient’s certifications for employment the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, employment the employer must likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 ways 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 is equal to or greater than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, tax return, or audited financial declaration).

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

There are numerous classifications of employment-based permits, and employment each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The categories 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 filed, USCIS will examine it and might ask for extra info or documents by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to determine if there is a readily available permit. The real green card application can just be filed if the recipient’s top priority date is present, meaning a green card is right away available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a permit has actually appeared to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based migration system, Congress set a limitation 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 optimum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a modification 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 information will be utilized to perform necessary security checks and for eventual creation of a permit, work authorization (work authorization) or advance parole file. The might be informed of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to figure out if it fulfills one of the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up an appointment for the beneficiary’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary 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 green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card serves as proof of permanent residency in the U.S.