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 permanently in the U.S. The process can be complicated and lengthy, however for those looking for irreversible residency in the U.S., it is a necessary step to achieving 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 generally the initial step in the employment-based permit procedure. The procedure is developed to make sure that there are no certified U.S. employees offered for the position and that the foreign worker will not negatively affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the job description for somalibidders.com the sponsored position. Once the job details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly employed workers in a specific occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to a minimum of offer the permanent position at. It is likewise the rate that should be paid to the worker once the permit is received. Current processing times for prevailing 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 various recruitment approaches for « able, prepared, qualified, and available » U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment process. The employer can begin marketing (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 profession, need the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of basic flow in the area of desired employment, many appropriate to the profession and most likely to bring actions from able, prepared, qualified, and readily available U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 consecutive company days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer should pick 3 of the following:

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

During the recruitment procedure, the company may be evaluating resumes and carrying out interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who applied for the position, the number who were interviewed, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the company can send the PERM application if no certified 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 filed develops the beneficiary’s priority date and determines his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality control process in the kind of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summed up by the specific lawful job-related 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 approved, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers readily available for the position and that the recipient will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to submit 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 recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is current.

At the I-140 petition stage, the employer must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways 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 business’s net earnings is equivalent to or greater than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets are equal to or referall.us higher than the proffered wage (yearly report, tax return, or audited financial declaration).

In addition, it is at this phase that the company will pick the employment-based choice category for the . The category depends on the minimum requirements for the position that was listed 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 note, some categories might not need an authorized PERM application or I-140 petition.) The classifications 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 examine it and might ask for additional info or documentation by releasing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to identify if there is an available permit. The actual permit application can only be filed if the beneficiary’s top priority date is current, meaning a permit is right away offered to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and shows when a permit has actually become offered to an applicant based on their preference classification, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be issued each year. That limit is presently 140,000. This implies that in any given year, the optimum variety of green cards that can be released to employment-based candidates 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 permit.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for eventual development of a permit, employment permission (work permit) or advance parole file. The beneficiary might be notified of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing includes applying for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the recipient’s interview when his/her priority date becomes present. 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 green card. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and identify whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit functions as evidence of irreversible residency in the U.S.