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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 permanently 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 action to achieving that goal. In this post, we will go through the actions of the employment-based green card procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is usually the primary step in the employment-based green card process. The procedure is developed to ensure that there are no competent U.S. employees readily available for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company begins the PERM procedure by preparing the task description for employment the sponsored position. Once the task details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise used workers in a particular occupation in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to a minimum of use the permanent position at. It is also the rate that should 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 require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for „able, ready, certified, and offered“ U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The company can start marketing (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, need the following recruitment efforts:
– thirty days job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of general circulation in the location of designated employment, the majority of suitable to the profession and probably to bring reactions from able, willing, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the job website for a period of 10 successive service days.
In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer should pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the number of U.S. employees who got the position, the number who were talked to, and the reasons that they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no qualified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s concern date and determines his/her place in line in the permit visa queue.
Respond to PERM/Labor Certification Audit (if any)
An employer is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the type of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically needs:
– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants‘ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes achieved, the variety of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the particular lawful occupational reasons for such rejections.
If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position which the recipient will not adversely impact the incomes and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, employment a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is present.
At the I-140 petition phase, the employer should likewise 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 ways to show ability to pay:
1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equal to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets are equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement).
In addition, it is at this phase that the company will choose the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.
There are a number of categories of employment-based green cards, 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 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 evaluate it and might request additional information or paperwork by releasing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is an offered permit. The actual permit application can just be submitted if the recipient’s priority date is present, implying a permit is immediately readily available to the recipient.
Monthly, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has appeared to an applicant based upon their choice classification, nation of birth, and top 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 permits that can be released each year. That limit is currently 140,000. This indicates that in any given year, the optimum number of green cards that can be provided 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 adjustment of status or employment consular processing to get the green card.
Adjustment of Status
Adjustment of status involves using for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and employment being fingerprinted. This details will be utilized to perform necessary security checks and for eventual production of a permit, work authorization (work license) or employment advance parole file. The recipient might be informed of the date, time, and area for an interview at a USCIS office to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to identify if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves making an application for the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a consultation for the beneficiary’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) at the port of entry. The CBP officer will inspect and determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit functions as evidence of irreversible residency in the U.S.