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 permits foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those looking for irreversible residency in the U.S., it is an important step to accomplishing that objective. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the very first action in the employment-based permit process. The procedure is developed to guarantee that there are no competent U.S. workers offered for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed workers in a specific profession in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must at least use the permanent position at. It is likewise the rate that must be paid to the worker once the permit is received. Current processing times for employment dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to test the U.S. labor market through different recruitment techniques for “able, ready, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment procedure. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 30 day job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of general circulation in the area of designated work, most proper to the profession and most likely to bring responses from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be posted at the job website for employment a duration of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company needs to choose 3 of the following:

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

During the recruitment process, the employer may be examining resumes and carrying out interviews of U.S. employees. The employer needs to keep detailed records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were spoken with, and employment the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, 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 recipient’s concern date and determines his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL carries out a quality assurance procedure in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes achieved, the variety of hires, and, if appropriate, the number of U.S. applicants turned down, summarized by the specific legal job-related factors for employment 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 company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the recipient will not negatively impact the earnings 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 should consist of the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference category and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is present.

At the I-140 petition stage, the company should likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or greater than the proffered wage (annual report, tax return, or audited monetary declaration).

In addition, it is at this stage that the employer will choose the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not need an approved PERM application or I-140 petition.) The classifications include:

– EB-1: .
– 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 examine it and may ask for additional details or documents by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to identify if there is an offered permit. The real permit application can only be filed if the recipient’s priority date is present, suggesting a green card is instantly readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and employment indicates when a permit has appeared to a candidate based on their choice category, nation of birth, and employment top priority date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be released each year. That limit is currently 140,000. This suggests that in any given year, the optimum variety of green cards that can be provided to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s concern date is present, he/she will either go through modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes using for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for ultimate development of a green card, employment authorization (work authorization) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the recipient’s case to figure out if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a consultation for the recipient’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 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 determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The permit acts as proof of irreversible residency in the U.S.