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 process that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an important step to attaining that goal. In this article, we will go through the actions of the employment-based permit process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is generally the primary step in the employment-based green card process. The process is developed to make sure that there are no certified U.S. workers readily available for the position and that the foreign worker will not adversely impact the wages and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company starts the PERM process by drafting the task description for the sponsored position. Once the task details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used employees in a specific profession in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must at least offer the long-term position at. It is also the rate that must be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations need a sponsoring employer to evaluate the U.S. labor market through different recruitment approaches for “able, prepared, qualified, and available” U.S. employees. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can begin advertising (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:
– thirty days job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a paper of basic flow in the location of intended employment, a lot of appropriate to the profession and more than likely to bring actions from able, willing, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 consecutive company days.
In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be posted. The needs to pick 3 of the following:
– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV ad
During the recruitment procedure, the employer may be examining resumes and performing interviews of U.S. workers. The company needs to keep in-depth records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were interviewed, and the reasons why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the company can submit the PERM application if no certified 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 filed develops the recipient’s priority date and figures out his/her place in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the type of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL usually needs:
– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the number of hires, and, if appropriate, the number of U.S. candidates rejected, summarized by the specific legal occupational reasons for such rejections.
If an audit is provided 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 approved PERM/Labor Certification verifies that there are no competent U.S. employees available for the position which the recipient will not negatively impact the incomes 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 employment Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and evidence of the recipient’s qualifications for employment the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is present.
At the I-140 petition phase, the employer should also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 ways to show ability to pay:
1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equal to or higher than the proffered wage (annual report, tax return, or audited monetary statement); OR.
3. Evidence that the business’s net assets amount 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 choose the employment-based preference classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.
There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, employment some categories may 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, employment USCIS will evaluate it and may request additional info or paperwork by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is an available green card. The actual permit application can just be filed if the recipient’s priority date is current, meaning a green card is right away available to the recipient.
Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and employment suggests when a green card has actually ended up being readily available to a candidate based on their choice classification, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the maximum number of permits that can be issued to employment-based applicants and their dependents is 140,000.
Once the beneficiary’s priority date is current, he/she will either go through change of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status includes obtaining the green card 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 typically involves having his/her photo and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate production of a permit, employment permission (work license) or advance parole file. The beneficiary may be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to determine if it fulfills among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the green card.
Consular Processing
Consular processing includes looking for the green card at a U.S. consulate in the recipient’s home country. The consular workplace establishes an appointment for the beneficiary’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the recipient is given 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 beneficiary 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 figure out whether to confess the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The permit works as proof of irreversible residency in the U.S.
