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

The employment-based permit process is a multi-step process that permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those looking for permanent residency in the U.S., it is an essential action to accomplishing that goal. In this short article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the primary step in the employment-based green card process. The process is developed to ensure that there are no competent U.S. employees readily available for the position and that the foreign worker will not adversely affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the task details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific occupation in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should at least use the permanent 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 need a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, willing, qualified, and available” U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– 30 day task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of general flow in the location of desired employment, most proper to the profession and more than likely to bring reactions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive company days.

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

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company may be evaluating resumes and conducting interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the number of U.S. employees who applied for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no competent 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 filed establishes the beneficiary’s priority date and figures out his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results achieved, the number of hires, and, if applicable, the variety of U.S. candidates turned down, summed up by the specific lawful job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are included to the total 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 authorized PERM/Labor Certification confirms that there are no competent U.S. workers readily available for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is existing.

At the I-140 petition phase, the employer must likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 ways to demonstrate capability 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 income is equivalent to or higher than the proffered wage (yearly report, tax return, or employment audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the company will select the employment-based preference category 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 credentials.

There are a number of classifications of employment-based green cards, employment and each has its own set of requirements. (Please note, some categories might not need an approved PERM application or employment 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 employment Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will evaluate it and may request extra details or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is a readily available permit. The real permit application can just be filed if the recipient’s concern date is present, indicating a permit is right away readily available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a permit has actually appeared to an applicant based on their preference classification, country of birth, and top priority date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be provided each year. That limit is presently 140,000. This implies that in any given year, the optimum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking 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 generally involves having his/her image and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for eventual development of a green card, employment permission (work license) or advance parole file. The beneficiary might be alerted 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 examine the recipient’s case to figure out if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a consultation 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 beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The recipient will present the Visa Packet to the U.S. Customs and employment Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to confess the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The green card works as proof of long-term residency in the U.S.