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 process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for long-term residency in the U.S., it is an important action to accomplishing that objective. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based permit procedure. The procedure is developed to ensure that there are no certified U.S. employees readily available for the position which 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 preparing the job description for the sponsored position. Once the task information are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly used employees in a particular profession in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must at least offer the long-term position at. It is likewise the rate that should be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to evaluate the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and offered” U.S. workers. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– 30 day task order with the State Workforce Agency serving the location of desired work;
– Two Sunday print advertisements in a paper of general blood circulation in the location of designated work, many suitable to the occupation and probably to bring reactions from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a duration of 10 successive organization days.

In addition to the mandatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company must choose 3 of the following:

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

During the recruitment procedure, the employer may be evaluating resumes and conducting interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, including the variety of U.S. employees who looked for the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no qualified U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the beneficiary’s concern date and figures out his/her place 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 assurance procedure in the kind of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL normally requires:

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

If an audit is provided on a case, 3 to 4 months are added to the overall 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 approved PERM/Labor Certification confirms that there are no qualified U.S. employees offered for the position which the will not negatively affect the earnings 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 Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is current.

At the I-140 petition stage, the employer should also 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 issued. There are 3 methods to show capability to pay:

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

In addition, it is at this stage that the employer will choose the employment-based preference category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker’s credentials.

There are a number of classifications of employment-based permits, 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 submitted, USCIS will examine it and might ask for additional details or paperwork by issuing 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 offered green card. The real permit application can only be filed if the beneficiary’s priority date is present, indicating a green card is instantly offered to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and shows when a green card has actually ended up being available to a candidate based upon their preference category, country of birth, and employment 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 variety of green cards that can be released each year. That limitation is presently 140,000. This suggests 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 top priority date is existing, employment he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for eventual development of a green card, employment authorization (work permit) or advance parole document. The beneficiary might be notified of the date, time, employment and place for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the beneficiary’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 used by USCIS to process the Visa Packet and produce the permit. 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 figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit functions as proof of irreversible residency in the U.S.