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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 permits foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is a necessary action to attaining that goal. In this article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the initial step in the employment-based green card process. The procedure is developed to ensure that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

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 completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly utilized workers in a particular profession in the area of desired employment. The DOL concerns 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), to name a few things. The dominating wage is the rate the employer need to a minimum of use the permanent position at. It is likewise the rate that should be paid to the employee once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through different recruitment approaches for “able, prepared, certified, and offered” U.S. employees. Generally, the employer has 2 options when deciding when to start the recruitment procedure. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– thirty days job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a newspaper of basic blood circulation in the area of desired work, most appropriate to the profession and most likely to bring reactions from able, willing, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional 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 professional organization
– Private work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or employment TV advertisement

During the recruitment process, the company might be reviewing resumes and conducting interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who got 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 complete, the employer can submit 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 establishes the beneficiary’s top priority date and determines his/her place in line in the permit visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes accomplished, the number of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the specific lawful job-related factors for such rejections.

If an audit is provided on a case, 3 to 4 months are included to the overall 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. employees available for the position which the recipient will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition phase, the company must also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to demonstrate 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 company’s net earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this phase that the company will select the employment-based preference category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the employee’s qualifications.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not require an authorized PERM application or I-140 petition.) The classifications 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 filed, USCIS will review it and might request additional information or paperwork by issuing a Request for employment Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an offered green card. The real permit application can just be submitted if the recipient’s concern date is present, implying a green card is immediately offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, employment which summarizes the accessibility of immigrant visa (green card) numbers and shows when a green card has actually become available to an applicant based upon their preference classification, nation of birth, and top priority date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limit is currently 140,000. This means that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This details will be used to conduct required security checks and for eventual creation of a green card, employment authorization (work license) or advance parole file. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine 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 receive the permit.

Consular Processing

Consular processing includes looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is offered 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 recipient 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 determine whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card works as proof of permanent residency in the U.S.