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 permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, however for those seeking long-term residency in the U.S., it is an important step to attaining 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 normally the initial step in the employment-based green card procedure. The procedure is developed to guarantee that there are no certified U.S. employees offered for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the job information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly used employees in a specific occupation in the location of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to at least offer the permanent position at. It is likewise the rate that should be paid to the employee once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to check the U.S. labor market through different recruitment approaches for „able, ready, certified, and available” U.S. workers. Generally, employment the company has 2 alternatives when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

– one month task order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a paper of general flow in the area of desired employment, the majority of proper to the occupation and more than likely to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the task website for a duration of 10 successive company days.

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

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private work companies
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or employment TV ad

During the recruitment procedure, the employer may be evaluating resumes and carrying out interviews of U.S. employees. The employer must keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer 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 submitted develops the recipient’s concern date and identifies his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if appropriate, the number of U.S. applicants turned down, summed up by the specific lawful 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 employer will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position which the beneficiary will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Petition

Once the PERM application has been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is current.

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

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

In addition, it is at this phase that the employer will choose 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 a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an authorized 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 filed, USCIS will examine it and employment may ask for additional information or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to determine if there is an available permit. The real permit application can just be submitted if the beneficiary’s priority date is current, meaning a green card is right away offered to the beneficiary.

On a monthly basis, employment the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a green card has actually appeared to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is submitted develops the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern date is existing, he/she will either go through modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves obtaining the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for ultimate development of a permit, work permission (work authorization) or advance parole file. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to identify if it fulfills among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes an appointment for the recipient’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The beneficiary 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 inspect and figure out whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit functions as proof of long-term residency in the U.S.