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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 procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those looking for long-term residency in the U.S., it is a necessary step to attaining that objective. 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 process is usually the initial step in the employment-based permit process. The process is designed to ensure that there are no competent U.S. employees offered for the position which the foreign employee will not adversely affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the job information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a specific occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the company should at least provide the long-term position at. It is also the rate that must be paid to the worker once the green card is gotten. Current processing times for prevailing 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 different recruitment approaches for “able, prepared, qualified, and available” U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 30 day task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a newspaper of general flow in the location of designated employment, a lot of appropriate to the occupation and most likely to bring actions from able, willing, qualified, employment and available U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive service days.

In addition to the necessary recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The company should pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be examining resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who looked for the position, the number who were interviewed, and employment the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can submit the PERM application if no qualified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary’s top priority date and identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and employment Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if relevant, the variety of U.S. applicants rejected, employment summarized by the particular legal occupational factors for such rejections.

If an audit is released on a case, 3 to 4 months are included to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers available for the position and that the recipient will not negatively impact the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.

At the I-140 petition phase, the company needs to likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate capability to pay:

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

In addition, employment it is at this stage that the company will pick the employment-based choice classification for the sponsored position. The category depends upon 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 note, some classifications might not 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, employment USCIS will evaluate it and might ask for extra information or documentation by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is an offered green card. The real permit application can just be filed if the beneficiary’s top priority date is existing, indicating a permit is instantly available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based on their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based immigration 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 maximum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the recipient’s priority 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 applying for the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and for ultimate production of a green card, employment permission (work permit) or advance parole file. The recipient may be informed of the date, time, and place for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it fulfills among 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 beneficiary’s home country. The consular workplace sets up an appointment 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 offered 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 check and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card serves as evidence of long-term residency in the U.S.