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 enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is an essential action to accomplishing that goal. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

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

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 settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise employed employees in a specific occupation in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the irreversible position at. It is also the rate that needs to be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through different recruitment techniques for “able, prepared, qualified, and readily available” U.S. workers. Generally, the employer has 2 options when choosing when to start the recruitment procedure. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 1 month job order with the State Workforce Agency serving the area of intended employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of intended work, the majority of appropriate to the profession and most likely to bring reactions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive organization days.

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

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

During the recruitment procedure, the company may be evaluating resumes and performing interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who requested the position, the number who were talked to, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit the PERM application if no certified 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 filed establishes the beneficiary’s concern date and identifies his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the kind of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, employment the variety of hires, and, if appropriate, the variety of U.S. candidates rejected, summed up by the particular legal job-related factors 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 company will receive it from the DOL. The authorized PERM/Labor employment Certification verifies that there are no certified U.S. employees offered for the position and that the recipient will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action 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 beneficiary’s credentials for the sponsored position. Please note, depending on the choice category and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is existing.

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

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

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, employment some categories might not need an authorized PERM application or I-140 petition.) The classifications 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 examine it and employment might request additional details or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to figure out if there is an offered permit. The actual green card application can only be filed if the beneficiary’s concern date is current, meaning a green card is instantly readily available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a permit has actually appeared to a candidate based upon their choice classification, nation of birth, and priority date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be released to employment-based applicants and employment their dependents is 140,000.

Once the beneficiary’s concern 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 includes getting the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is notified 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 necessary security checks and for ultimate creation of a permit, work authorization (work authorization) or advance parole file. The recipient might be notified of the date, time, and location for an interview at a USCIS office to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves using for the green card at a U.S. consulate in the recipient’s home country. The consular office establishes an appointment for the recipient’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is provided 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 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 check and determine whether to confess the recipient into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit acts as proof of long-term residency in the U.S.