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 employment lengthy, however for those looking for long-term residency in the U.S., it is a necessary action to attaining that objective. In this post, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for employment the sponsored position. Once the task details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise employed employees in a particular occupation in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to at least offer the long-term position at. It is also the rate that must be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through different recruitment techniques for “able, ready, qualified, and available” U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment process. The employer can start advertising (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 occupation, require the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a newspaper of general circulation in the location of designated work, many suitable to the profession and probably to bring reactions from able, ready, certified, and offered U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 successive service days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company must choose 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 paper; and
– Radio or TV ad

During the recruitment process, the company may be evaluating resumes and performing interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who looked for the position, the number who were talked to, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send 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 establishes the recipient’s priority date and determines his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, employment the DOL executes a quality control process in the form of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL normally needs:

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

If an audit is provided 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 will get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees available for the position and that the recipient will not adversely 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 action 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 proof of the recipient’s certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is existing.

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

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

In addition, it is at this phase that the company will select 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 qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might not need an approved 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, 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 info or documentation by releasing an Ask 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 permit. The actual permit application can just be submitted if the recipient’s top priority date is present, employment implying a permit is right away readily available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a permit has actually ended up being readily available to an applicant based on their preference classification, country of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be released each year. That limit is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is existing, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This details will be used to conduct required security checks and for ultimate production of a permit, employment authorization (work license) or advance parole document. The recipient may be notified of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the beneficiary’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 beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The recipient 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 identify whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card acts as proof of irreversible residency in the U.S.