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

The employment-based permit procedure is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, however for those looking for long-term residency in the U.S., it is an essential action to achieving that goal. In this post, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based permit process. The procedure is developed to make sure that there are no qualified U.S. employees available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job details are settled, a prevailing 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 specific occupation in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job responsibilities, requirements for the position, the location of intended work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should a minimum of use the long-term position at. It is also the rate that needs to be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for „able, prepared, qualified, and offered“ U.S. employees. Generally, the company has 2 choices when choosing 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, need the following recruitment efforts:

– 30 day task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a paper of general circulation in the location of intended employment, most appropriate to the occupation and more than likely to bring actions from able, willing, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a duration of 10 consecutive company days.

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

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

During the recruitment procedure, the employer may be evaluating resumes and carrying out interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who made an application for the position, the number who were interviewed, job and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can submit the PERM application if no qualified 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 filed establishes the recipient’s concern date and identifies his/her location in line in the permit visa line.

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 implements a quality control procedure in the form of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads put 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 outcomes accomplished, the variety of hires, and, if appropriate, the number of U.S. candidates rejected, summarized by the particular legal job-related reasons for such rejections.

If an audit is released 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 employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. employees offered for 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 been approved, the next step 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 qualifications for the sponsored position. Please note, depending upon the choice 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 current.

At the I-140 petition phase, the employer needs to likewise show its ability 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 ways to show capability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (yearly report, tax return, or audited monetary statement).

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

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not require 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 submitted, USCIS will review it and might request extra details or paperwork by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to if there is a readily available permit. The real green card application can only be filed if the recipient’s concern date is present, implying a green card is right away available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and suggests when a green card has actually ended up being readily available to a candidate based upon their preference category, country of birth, job and job concern date. The date the PERM application is submitted establishes the recipient’s priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the optimum number of permits that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for ultimate creation of a permit, employment authorization (work permit) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary’s case to identify if it meets among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace 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 examine and identify whether to admit the recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit functions as proof of long-term residency in the U.S.