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 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 action to accomplishing that goal. In this short 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 generally the primary step in the employment-based permit procedure. The process is designed to make sure that there are no competent U.S. workers offered for the position which the foreign worker will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise utilized employees in a particular profession in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, job the area of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should a minimum of offer the permanent position at. It is likewise the rate that needs to be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to check the U.S. labor market through various recruitment approaches for "able, willing, certified, and offered" U.S. . Generally, the company has 2 alternatives when deciding when to begin the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

- 1 month task order with the State Workforce Agency serving the location of desired work;
- Two Sunday print advertisements in a newspaper of general blood circulation in the location of designated employment, most suitable to the occupation and most likely to bring actions from able, prepared, qualified, job and available U.S. workers; and
- Notice of Filing to be posted at the job site for a period of 10 consecutive service days.

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

- Job Fairs
- Employer's business website
- Job search website
- On-Campus recruiting
- Trade or professional organization
- Private work firms
- Employee recommendation program
- Campus placement office
- Local or ethnic newspaper; and
- Radio or TV ad

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

Submit the PERM/Labor Certification Application

After the PWD is released and job recruitment is total, the employer can send the PERM application if no certified U.S. employees were discovered. 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 concern date and figures out his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In the event of an audit, job the DOL normally requires:

- Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
- Copies of applicants' resumes and completed employment applications; and.
- A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes attained, the number of hires, and, if relevant, the variety of U.S. applicants declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is released on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. workers offered for the position which the beneficiary will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application 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 needs to include the authorized PERM application and evidence of the recipient's credentials for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the employer should likewise 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 released. There are 3 ways to demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company's earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the business's net properties are equivalent to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this phase that the company will select the employment-based choice category 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 qualifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not require 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 submitted, USCIS will evaluate it and might request extra details or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to identify if there is a readily available permit. The actual green card application can only be submitted if the beneficiary's top priority date is present, indicating a permit is immediately available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and suggests when a permit has ended up being available to an applicant based upon their choice category, nation of birth, and top 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 limitation is currently 140,000. This means that in any given year, the optimum variety of permits that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient's top priority date is existing, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for eventual creation of a permit, employment permission (work license) or advance parole document. The beneficiary may 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 require an interview. USCIS officials will examine the beneficiary's case to identify if it fulfills among the exceptions. If the interview is effective and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes applying for the permit at a U.S. consulate in the recipient's home country. The consular workplace sets up a consultation for the recipient's interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 examine and determine whether to confess the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card works as proof of permanent residency in the U.S.