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 allows foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is an important action to attaining that objective. In this article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the primary step in the employment-based green card process. The procedure is developed to ensure that there are no certified U.S. employees readily available for the position and that the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the job description for the sponsored position. Once the job information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly employed workers in a particular profession in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, employment job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should a minimum of offer the permanent position at. It is likewise the rate that must be paid to the staff member once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to check the U.S. labor market through numerous recruitment for “able, ready, qualified, and readily available” U.S. employees. Generally, the employer has 2 choices 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 a professional or non-professional occupation, require the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of general circulation in the location of designated work, many appropriate to the occupation and probably to bring reactions from able, ready, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive service days.

In addition to the compulsory recruitment discussed 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 website
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be examining resumes and employment performing interviews of U.S. workers. The employer should keep comprehensive records of their recruitment efforts, consisting of the number of U.S. workers who made an application for the position, the number who were interviewed, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send the PERM application if no certified 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 beneficiary’s concern date and identifies his/her location in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control process in the type of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results attained, the number of hires, and, if relevant, the number of U.S. candidates declined, summarized by the particular legal occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no certified U.S. workers available for the position which the recipient will not adversely affect the wages and employment working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 certifications for employment the sponsored position. Please note, employment depending upon the choice classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is present.

At the I-140 petition stage, the company needs to likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to demonstrate 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 equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (annual report, tax return, or audited financial statement).

In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not need an authorized PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, employment Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and may request additional information or documentation by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to identify if there is an available green card. The real green card application can just be filed if the recipient’s priority date is existing, implying a green card is immediately available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a permit has become readily available to a candidate based on their preference category, country of birth, and employment priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be released each year. That limitation is currently 140,000. This implies that in any given year, the optimum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s priority date is current, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves using for the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This information will be utilized to perform required security checks and for eventual production of a green card, employment authorization (work authorization) or advance parole document. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to figure out if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the beneficiary’s home country. The consular office sets up a visit for the recipient’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the recipient 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 figure out whether to admit the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The permit works as proof of long-term residency in the U.S.