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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 allows foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those seeking permanent residency in the U.S., it is an essential action to accomplishing that goal. In this short article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the first step in the employment-based permit process. The process is created to guarantee that there are no qualified U.S. employees offered for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the task details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a particular profession in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the company need to a minimum of offer the irreversible position at. It is also the rate that should be paid to the staff member once the permit is gotten. Current processing times for employment prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through various recruitment approaches for “able, ready, qualified, and available” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– thirty days job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of basic blood circulation in the area of designated employment, most appropriate to the occupation and most likely to bring actions from able, willing, qualified, and available U.S. workers; and
– Notice of Filing to be posted at the task website for employment a period of 10 consecutive company days.

In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer must select 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and conducting interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. employees who applied for the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, 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 filed establishes the recipient’s concern date and figures out his/her place in line in the green card visa queue.

Respond 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 assurance process in the form of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results accomplished, the variety of hires, and, if applicable, the number of U.S. candidates turned down, summed up by the specific legal job-related factors for such rejections.

If an audit is released 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 get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers available for the position which the beneficiary will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient may be to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the employer must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods to demonstrate ability to pay:

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

In addition, it is at this phase that the company will choose the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require an authorized PERM application or I-140 petition.) The classifications consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, employment 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 ask for extra information or documentation by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an available green card. The actual permit application can just be submitted if the beneficiary’s concern date is current, implying a permit is right away readily available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a green card has actually appeared to an applicant based upon their preference classification, country of birth, and concern date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be provided 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 beneficiary’s concern date is existing, he/she will either go through adjustment of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This info will be used to carry out required security checks and for ultimate creation of a green card, employment authorization (work permit) or advance parole document. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to figure out if it satisfies among the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a consultation for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 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 inspect and figure out whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit works as proof of irreversible residency in the U.S.