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 allows foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for irreversible residency in the U.S., it is a necessary step to attaining that goal. In this post, we will go through the actions of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit process. The process is designed to guarantee that there are no qualified U.S. workers offered for the position which the foreign employee will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The begins 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 prevailing wage rate is defined as the typical wage paid to similarly used employees in a specific profession in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must at least use the long-term position at. It is likewise the rate that must be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and available” U.S. workers. Generally, the company has 2 options when choosing when to begin the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– thirty days 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 area of desired work, many appropriate to the occupation and employment probably to bring reactions from able, employment ready, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive organization days.

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

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

During the recruitment process, the employer might be examining resumes and conducting interviews of U.S. employees. The company must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who looked for the position, the number who were spoken with, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no qualified 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 submitted develops the recipient’s top priority date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the form of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. applicants rejected, employment summed up by the specific lawful job-related reasons for such rejections.

If an audit is issued 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 authorized, the employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position and that the recipient will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending on the choice category and country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the company must likewise demonstrate its capability 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 methods to show ability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income is equivalent to or employment higher than the proffered wage (yearly report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net properties are equal 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 on the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications 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 examine it and might request additional info or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The real permit application can only be submitted if the recipient’s priority date is current, meaning a permit is immediately offered to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a permit has appeared to an applicant based on their preference classification, nation of birth, and concern date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s priority date is present, he/she will either go through change 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 submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This information will be used to carry out required security checks and for eventual development of a permit, employment authorization (work license) or advance parole file. The beneficiary might be alerted of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up a consultation for the beneficiary’s interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, employment the recipient 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 check and figure out whether to admit the beneficiary into the U.S. If confessed, employment the beneficiary will get the green card in the mail. The green card serves as evidence of long-term residency in the U.S.