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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 process that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and employment lengthy, but for those seeking long-term residency in the U.S., it is a vital step to attaining that goal. In this short 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 procedure is usually the initial step in the employment-based permit procedure. The process is designed to guarantee that there are no competent U.S. workers offered for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

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 settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized employees in a particular profession in the area of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the irreversible position at. It is likewise the rate that should 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 regulations require a sponsoring company to check the U.S. labor market through various recruitment techniques for “able, ready, qualified, and readily available” U.S. workers. Generally, the employer has 2 options when choosing when to start the recruitment procedure. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– 30 day task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of basic flow in the area of desired employment, a lot of suitable to the occupation and more than likely to bring responses from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive company days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers 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 released and recruitment is complete, the company can submit the PERM application if no competent 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 submitted develops the beneficiary’s top priority date and employment identifies his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the kind of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically requires:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the number of hires, and, if appropriate, the number of U.S. candidates turned down, summed up by the specific legal occupational factors for such rejections.

If an audit is issued 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 authorized, the employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers available for the position which the recipient will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and employment proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be eligible to file 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 stage, the company should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the recipient is equivalent 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 statement); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration).

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

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The categories 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 submitted, USCIS will review it and might request extra info or documents by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to determine if there is a readily available green card. The real green card application can just be filed if the beneficiary’s top priority date is present, implying a green card is immediately readily available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and suggests when a permit has appeared to a candidate based upon their choice category, country of birth, and concern date. The date the PERM application is filed develops the beneficiary’s concern 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 suggests that in any given year, the optimum number of green cards 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 receive the green card.

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After a change of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for eventual creation of a green card, employment permission (work authorization) or advance parole file. The beneficiary may be alerted of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to 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 is successful and USCIS approves 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 recipient’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to the Visa Packet and produce the green card. 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 recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.