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

The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is an essential step to accomplishing that objective. In this article, 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 normally the first action in the employment-based green card procedure. The procedure is created to make sure that there are no competent U.S. employees readily available for the position which the will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise used workers in a specific occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must a minimum of offer the permanent position at. It is likewise the rate that needs to be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to check the U.S. labor market through different recruitment approaches for “able, ready, certified, and available” U.S. employees. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

– thirty days task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of basic flow in the location of designated work, many proper to the occupation and most likely to bring reactions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

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

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be reviewing resumes and conducting interviews of U.S. workers. The company must keep detailed records of their recruitment efforts, including the variety of U.S. workers who looked for the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send the PERM application if no qualified 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 determines 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 paperwork when a PERM application is filed. Therefore, the DOL implements a quality control process in the type of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results attained, the variety of hires, and, if appropriate, the variety of U.S. applicants rejected, summarized by the particular lawful job-related factors 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 company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees offered for the position and that the recipient will not negatively impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary might be qualified 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 stage, the employer needs to likewise show its ability to pay the beneficiary 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 ability to pay:

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

In addition, it is at this stage that the employer will pick the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for job the position that was noted on the PERM application and the staff member’s certifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might 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 filed, USCIS will review it and might request extra details or documentation by issuing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to identify if there is an available permit. The real permit application can only be submitted if the recipient’s concern date is existing, implying a permit is instantly readily available to the recipient.

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 permit has appeared to a candidate based on their choice category, country of birth, and priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limit is presently 140,000. This implies 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 concern date is current, he/she will either go through modification of status or 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 submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This details will be used to carry out required security checks and for ultimate production of a green card, employment authorization (work authorization) or advance parole document. The beneficiary might be informed of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will receive 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 nation. The consular office sets up a visit for the beneficiary’s interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The green card acts as proof of permanent residency in the U.S.