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 permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is an important action to achieving that goal. In this post, job we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based permit process. The process is designed to guarantee that there are no qualified U.S. workers readily available for the position which the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job details are settled, a dominating 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 particular occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), amongst other 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 should be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to test the U.S. labor market through numerous recruitment methods for „able, prepared, qualified, and offered“ U.S. employees. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– one month task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of general circulation in the area of intended work, the majority of suitable to the occupation and job probably to bring responses from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 successive company days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 additional 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 work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

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

Submit the PERM/Labor Certification Application

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

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants‘ resumes and completed work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions carried out and the results attained, the variety of hires, and, if applicable, the number of U.S. candidates declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is provided 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 authorized PERM/Labor Certification verifies that there are no certified U.S. workers offered for job the position which the beneficiary will not negatively 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is present.

At the I-140 petition stage, the employer needs to also show its to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show capability to pay:

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

In addition, it is at this phase that the employer will choose 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 several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not require an authorized 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 filed, USCIS will examine it and might ask for extra information or documentation by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is an offered green card. The actual permit application can just be submitted if the recipient’s concern date is present, indicating a green card is immediately readily available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a permit has become available to an applicant based upon their preference classification, nation of birth, job and top priority date. The date the PERM application is submitted develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is existing, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This information will be used to perform required security checks and for ultimate creation of a permit, work authorization (work permit) or advance parole file. The beneficiary might be notified of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the beneficiary’s interview when his/her top priority date becomes present. 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) officer at the port of entry. The CBP officer will examine and determine whether to admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.