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 completely in the U.S. The process can be complicated and prolonged, however for those looking for long-term residency in the U.S., it is a vital action to achieving that goal. In this article, 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 very first action in the employment-based permit procedure. The procedure is created to ensure that there are no certified U.S. workers available for the position which the foreign employee will not adversely impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the job details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed employees in a particular profession in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of intended work, travel requirements (if any), among other things. The dominating wage is the rate the employer need to a minimum of use the irreversible position at. It is also the rate that needs to be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to evaluate the U.S. labor market through numerous recruitment approaches for “able, willing, certified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The employer can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– one month task order with the State Workforce Agency the area of desired work;
– Two Sunday print advertisements in a newspaper of basic flow in the area of designated employment, a lot of suitable to the occupation and more than likely to bring actions from able, ready, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive company days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company should pick 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or somalibidders.com professional company
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. workers. The employer needs to keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can submit 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 submitted establishes the recipient’s concern date and identifies his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality assurance procedure in the form of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes attained, the variety of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the specific legal occupational 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 referall.us Certification

If the PERM application is authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the recipient will not negatively affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the company should also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to show capability to pay:

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

In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s credentials.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need 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 submitted, USCIS will evaluate it and might ask for extra information or documents by providing an Ask 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 permit. The real green card application can only be filed if the recipient’s top priority date is existing, implying a permit is immediately readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a permit has actually appeared to a candidate based on their preference classification, adremcareers.com country of birth, and priority date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be issued each year. That limit is presently 140,000. This means that in any given year, the optimum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern date is current, he/she will either go through change of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves obtaining the green card while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This information will be utilized to perform necessary security checks and for eventual development of a green card, employment permission (work permit) or advance parole file. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes a consultation for the beneficiary’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 inspect and determine whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit serves as proof of long-term residency in the U.S.