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

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

Step 1: PERM/Labor Certification

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

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the sponsored position. Once the job details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used employees in a specific occupation in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to a minimum of use the long-term 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.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to test the U.S. labor market through various recruitment approaches for “able, willing, qualified, and readily available” U.S. employees. Generally, the employer has 2 alternatives when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– thirty days job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of basic circulation in the location of designated employment, the majority of proper to the occupation and more than likely to bring responses from able, ready, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive organization days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who looked 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 issued and recruitment is total, the company can send the PERM application if no competent 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 submitted develops the recipient’s top priority date and determines his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control procedure in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the results attained, the number of hires, and, if suitable, the number of U.S. applicants rejected, summed up by the particular lawful job-related reasons for such rejections.

If an audit is issued 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 employer will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees offered for the position which the recipient will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and referall.us Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her top priority date is present.

At the I-140 petition phase, the employer should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 ways to demonstrate ability 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 equivalent to or greater than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net possessions are equivalent to or higher than the proffered wage (yearly report, tax return, or audited monetary statement).

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

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved 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 filed, USCIS will evaluate it and may request extra info or documents 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 figure out if there is an available permit. The real permit application can just be filed if the recipient’s concern date is present, implying a permit is immediately offered to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and suggests when a green card has actually appeared to an on their preference classification, nation of birth, and priority date. The date the PERM application is filed develops the recipient’s priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be issued each year. That limit is currently 140,000. This indicates that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This information will be used to conduct required security checks and for eventual development of a green card, work authorization (work license) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the recipient’s case to determine if it satisfies among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will get 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 present. If the consular officer grants the immigrant visa, the recipient is given 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 identify whether to confess the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The permit works as evidence of irreversible residency in the U.S.