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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit process is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, but for those seeking irreversible residency in the U.S., it is an important step to attaining that objective. In this article, we will go through the steps of the employment-based green card procedure in detail.
Step 1: PERM/Labor employment Certification
The PERM/Labor Certification process is generally the very first step in the employment-based green card procedure. The process is created to make sure that there are no qualified U.S. workers offered for the position which the foreign employee will not adversely affect the incomes and employment working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer begins the PERM procedure by preparing the task description for the sponsored position. Once the task details are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific profession in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the location of intended work, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to a minimum of provide the irreversible position at. It is likewise the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to check the U.S. labor market through numerous recruitment approaches for “able, willing, certified, and available” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment procedure. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:
– thirty days job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of basic blood circulation in the location of intended employment, many suitable to the profession and more than likely to bring reactions from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 successive business days.
In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company needs to select 3 of the following:
– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the employer may be reviewing resumes and carrying out interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were spoken with, and the reasons that they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is released and recruitment is total, the employer 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 recipient’s concern date and identifies his/her place in line in the green card visa line.
Respond to PERM/Labor Certification Audit (if any)
An employer is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the form of audits to ensure compliance with all PERM policies. In case of an audit, the DOL usually requires:
– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results accomplished, the variety of hires, and, if relevant, the variety of U.S. candidates declined, summed up by the particular lawful occupational factors for such rejections.
If an audit is released 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 employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. employees available for the position and employment that the beneficiary will not negatively impact the earnings and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually 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 consist of the approved PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient 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 needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to show capability to pay:
1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings is equivalent to or greater than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. that the company’s net assets are equal to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration).
In addition, it is at this stage that the company will select the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s credentials.
There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved PERM application or employment 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 evaluate it and might ask for additional info or documents by issuing a Request for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an available green card. The actual permit application can just be submitted if the recipient’s priority date is current, meaning a green card is immediately readily available to the recipient.
Every month, employment the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and suggests when a permit has actually appeared to a candidate based on their choice category, nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limit is presently 140,000. This means that in any given year, the maximum number of permits that can be issued to employment-based applicants and employment their dependents is 140,000.
Once the recipient’s priority date is current, employment he/she will either go through change of status or consular processing to get the permit.
Adjustment of Status
Adjustment of status involves getting the green card 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 generally involves having his/her photo and signature taken and being fingerprinted. This info will be used to perform required security checks and for ultimate development of a green card, employment permission (work license) or advance parole file. The recipient might be alerted 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 require an interview. USCIS officials will evaluate the recipient’s case to identify if it meets one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will receive the permit.
Consular Processing
Consular processing involves applying for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a consultation for the recipient’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 check and figure out whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card functions as evidence of irreversible residency in the U.S.