The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process 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 seeking irreversible residency in the U.S., it is an important step to attaining that goal. In this short 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 process is generally the first action in the employment-based permit procedure. The process is developed to ensure that there are no competent U.S. workers available for the position which the foreign worker will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the job description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise used workers in a particular profession in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, 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 a minimum of use the long-term position at. It is also the rate that needs to be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to test the U.S. labor market through various recruitment techniques for “able, ready, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– thirty days job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic blood circulation in the location of designated employment, many appropriate to the occupation and most likely to bring reactions from able, willing, certified, and readily available U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 successive organization days.

In addition to the compulsory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:

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

During the recruitment process, the company may be evaluating resumes and performing interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the number of U.S. workers who obtained the position, employment the number who were talked to, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send 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 submitted develops the beneficiary’s priority date and figures out his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the form of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes attained, the number of hires, and, if suitable, the variety of U.S. candidates declined, summed up by the specific legal occupational reasons for such rejections.

If an audit is provided 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 get it from the DOL. The approved PERM/Labor Certification validates that there are no competent U.S. employees offered for the position and that the beneficiary will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the employer needs to also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equal to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (annual report, tax return, or audited financial statement).

In addition, it is at this phase that the company will choose the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the worker’s certifications.

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

– 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 might ask for additional info or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to determine if there is an offered green card. The actual green card application can only be submitted if the recipient’s priority date is current, suggesting a permit is right away offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has actually become readily available to a candidate based on their preference category, employment country of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be released each year. That limitation is presently 140,000. This implies that in any given year, the maximum number of that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s top priority date is current, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for ultimate production of a green card, work permission (work authorization) or employment advance parole document. The beneficiary may be alerted of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up a consultation for the recipient’s interview when his/her concern date ends up being 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 identify whether to admit the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card serves as evidence of permanent residency in the U.S.