The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, but for those seeking permanent residency in the U.S., it is a vital action to accomplishing that objective. In this article, 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 usually the initial step in the employment-based green card procedure. The procedure is created to guarantee that there are no certified U.S. workers offered for the position and that the foreign employee will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the job information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized workers in a specific profession in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, employment job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should a minimum of offer the permanent position at. It is also the rate that should be paid to the worker 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 check the U.S. labor market through different recruitment methods for “able, willing, qualified, and offered” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can start advertising (1) while the dominating 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:

– one month job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of general circulation in the area of desired employment, the majority of proper to the occupation and more than likely to bring actions from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 successive organization days.

In addition to the necessary recruitment discussed above, the DOL needs 3 additional recruitment efforts to be published. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private employment companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company might be evaluating resumes and conducting interviews of U.S. workers. The employer needs to keep detailed records of their recruitment efforts, employment consisting of the number of U.S. workers who used for the position, the number who were spoken with, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the can submit the PERM application if no certified 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 concern date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the type of audits to ensure compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and employment finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results accomplished, the variety of hires, and, if appropriate, the number of U.S. applicants declined, summarized by the particular legal occupational factors for such rejections.

If an audit is released 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 authorized, the company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees offered for the position which the beneficiary will not negatively affect the earnings and employment working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

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

At the I-140 petition stage, the company needs to also demonstrate its capability 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 ways to demonstrate capability to pay:

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

In addition, it is at this stage that the employer will pick the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not require 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, USCIS will examine it and might request additional details or documentation by issuing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available permit. The actual permit application can just be submitted if the recipient’s top priority date is current, meaning a green card is right away available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and employment indicates when a permit has actually appeared to an applicant based upon their preference classification, country of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be provided each year. That limit is presently 140,000. This means that in any given year, the optimum 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 present, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves obtaining the green card while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This information will be used to perform necessary security checks and for eventual development of a green card, work permission (work permit) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace to respond to questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary’s home nation. The consular office establishes a consultation 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 provided 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 beneficiary will provide the Visa Packet to the U.S. Customs and employment 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 confessed, the recipient will get the permit in the mail. The green card works as evidence of long-term residency in the U.S.