Oakrecruitment

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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 procedure that allows foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, employment however for those seeking long-term residency in the U.S., it is an essential step to accomplishing that goal. In this post, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based permit procedure. The process is designed to make sure that there are no competent U.S. employees available for the position and that the foreign employee will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the job description for the sponsored position. Once the job information 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 likewise employed employees in a particular occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least offer 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 dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to check the U.S. labor market through numerous recruitment approaches for „able, prepared, qualified, and available“ U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. 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 an expert or non-professional occupation, require the following recruitment efforts:

– 30 day job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of intended employment, the majority of appropriate to the profession and more than likely to bring responses from able, willing, certified, and available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 consecutive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the employer may be examining resumes and carrying out interviews of U.S. employees. The company needs to keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who looked for the position, the number who were interviewed, employment and the reasons 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 qualified 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 develops the beneficiary’s concern date and figures out his/her location in line in the green card visa line.

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 carries out a quality control procedure in the form of audits to ensure compliance with all PERM guidelines. In case of an audit, employment the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants‘ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the outcomes accomplished, the variety of hires, and, if applicable, employment the variety of U.S. applicants rejected, summarized by the specific lawful occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed 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 confirms that there are no qualified U.S. workers 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 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 employment evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient 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 existing.

At the I-140 petition phase, the employer should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 methods to show capability 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 amounts to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’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 pick the employment-based preference 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 certifications.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories may not need 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, 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 may ask for additional details or documents by issuing an Ask for employment Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is an offered green card. The actual green card application can just be filed if the beneficiary’s priority date is present, meaning a permit is immediately available to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and when a green card has become available to an applicant based upon their preference category, nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be issued each year. That limit is currently 140,000. This suggests that in any given year, the maximum variety of permits that can be provided to employment-based applicants 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 receive the green card.

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate creation of a green card, employment permission (work license) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for the recipient’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary 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 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 inspect and identify whether to admit the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card works as evidence of irreversible residency in the U.S.