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

The employment-based permit process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, but for those looking for irreversible residency in the U.S., it is a vital step to achieving 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 generally the first step in the employment-based green card procedure. The process is created to ensure that there are no qualified U.S. workers available for the position and that the foreign worker will not adversely affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used workers in a specific occupation in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must at least provide the long-term position at. It is also the rate that should be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring company to test the U.S. labor market through numerous recruitment approaches for « able, prepared, qualified, and offered » U.S. employees. Generally, the employer has 2 choices when choosing when to start 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 profession, require the following recruitment efforts:

– 30 day task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the location of designated employment, most suitable 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 posted at the task site for a duration of 10 consecutive company days.

In addition to the compulsory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The company must select 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be evaluating resumes and performing interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit 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 filed develops the recipient’s priority date and determines his/her place in line in the line.

Respond 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 executes a quality control process in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the results attained, the variety of hires, and, if applicable, the variety of U.S. candidates rejected, summarized by the specific legal job-related factors for such rejections.

If an audit is released on a case, 3 to 4 months are added to the total 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 authorized PERM/Labor Certification validates that there are no certified U.S. employees offered for the position which the beneficiary will not negatively affect the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference classification and country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is existing.

At the I-140 petition phase, the company must likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to show capability to pay:

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

In addition, it is at this stage that the employer will select 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 worker’s certifications.

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications 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 submitted, USCIS will review it and might request additional information or documentation by releasing 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 identify if there is an available permit. The actual permit application can just be filed if the beneficiary’s concern date is current, suggesting a permit is instantly available to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and indicates when a permit has become readily available to a candidate based upon their choice classification, country of birth, and top priority date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limit is presently 140,000. This indicates that in any given year, the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s priority date is existing, he/she will either go through change 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 beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally involves having his/her photo and signature taken and being fingerprinted. This details will be used to perform required security checks and for ultimate development of a green card, employment permission (work license) or advance parole document. The beneficiary may be notified of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview succeeds and referall.us USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes requesting the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a consultation for the recipient’s interview when his/her concern date becomes present. If the consular officer grants the immigrant visa, the recipient 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 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 confessed, the beneficiary will get the green card in the mail. The green card serves as evidence of long-term residency in the U.S.