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

The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and job work permanently in the U.S. The procedure can be made complex and lengthy, however for those seeking irreversible residency in the U.S., it is an important step to achieving that objective. In this article, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based permit procedure. The process is created to ensure that there are no qualified U.S. employees 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 process by preparing the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise utilized employees in a specific occupation in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, 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 company must at least use 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 prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through different recruitment approaches for “able, ready, qualified, and offered” U.S. workers. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The employer can start marketing (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, require the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print ads in a paper of basic circulation in the area of designated work, a lot of proper to the occupation and most likely to bring actions from able, prepared, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task site for a duration of 10 consecutive company days.

In addition to the obligatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The employer needs to select 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and carrying out interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who applied for the position, the number who were interviewed, and the reasons they were not hired.

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 filed develops the beneficiary’s priority date and identifies his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the form of audits to ensure compliance with all PERM policies. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results achieved, the variety of hires, and, if relevant, the variety of U.S. applicants declined, summarized by the specific lawful job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the overall 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 approved PERM/Labor Certification confirms that there are no certified U.S. workers readily available for job the position and that the beneficiary will not adversely affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the 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 must consist of the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is existing.

At the I-140 petition phase, the employer should also 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 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 company’s earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration).

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an authorized 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 ask for job extra information or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to figure out if there is a readily available green card. The real permit application can just be filed if the beneficiary’s top priority date is current, meaning a permit is immediately available to the recipient.

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

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

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This info will be used to carry out required security checks and for eventual creation of a green card, employment permission (work license) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary’s case to determine if it meets one of the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the recipient’s interview when his/her concern date ends up being existing. 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 used 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 examine and identify whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The green card functions as evidence of irreversible residency in the U.S.