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

The employment-based green card procedure is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is a vital step to achieving that objective. 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 process is normally the primary step in the employment-based permit process. The process is created to make sure that there are no competent U.S. employees offered for the position which the foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the task details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise employed employees in a particular occupation in the location of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the company should at least provide the irreversible position at. It is also the rate that needs to be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through different recruitment approaches for “able, prepared, certified, and available” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. 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 an expert or non-professional occupation, require the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a newspaper of general blood circulation in the area of desired employment, employment many suitable to the profession and more than likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 successive organization days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to select 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and conducting interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, including the variety of U.S. workers who made an application for the position, employment the number who were interviewed, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send the PERM application if no certified U.S. employees 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 beneficiary’s top priority date and identifies his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the form of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results attained, the number of hires, and, if applicable, the variety of U.S. applicants turned down, summarized by the specific lawful occupational reasons for such rejections.

If an audit is released on a case, 3 to 4 months are contributed 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 authorized PERM/Labor Certification confirms that there are no certified U.S. employees readily available for the position which the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, employment the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and employment proof of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is present.

At the I-140 petition stage, the employer needs to also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to demonstrate ability to pay:

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

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

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not need an authorized PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: employment 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 may ask for additional info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to identify if there is a readily available permit. The actual green card application can only be filed if the beneficiary’s concern date is current, implying a green card is immediately readily available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and suggests when a permit has ended up being offered to a candidate based on their preference category, country of birth, and top priority date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be released each year. That limit is presently 140,000. This means that in any given year, the optimum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is present, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

of status includes looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), employment the beneficiary 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 utilized to conduct necessary security checks and for ultimate development of a green card, work authorization (work permit) or advance parole file. The beneficiary may be alerted of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to identify if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up a consultation for the recipient’s interview when his/her concern date becomes existing. 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 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 examine and determine whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit serves as proof of permanent residency in the U.S.