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

The employment-based permit procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, however for those looking for permanent residency in the U.S., it is a vital step to achieving that objective. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the very first action in the employment-based green card process. The process is created to guarantee that there are no certified U.S. employees available for the position which the foreign employee will not negatively affect the wages 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 details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly employed workers in a specific occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company should at least provide the permanent position at. It is likewise the rate that must be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through numerous recruitment approaches for “able, prepared, certified, and offered” U.S. workers. Generally, the employer has 2 alternatives when choosing when to begin the recruitment process. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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

– 30 day 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 location of desired employment, most appropriate to the occupation and probably to bring actions from able, willing, qualified, and 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 necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be reviewing resumes and carrying out interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. workers who made an application for the position, the number who were spoken with, and the reasons 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 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 submitted develops the recipient’s priority date and identifies his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the type of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the results attained, the number of hires, and, if applicable, the number of U.S. candidates rejected, summed up by the specific lawful occupational 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 approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no certified U.S. employees readily available for the position and that the beneficiary will not negatively affect the wages 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 needs to consist of the authorized PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending upon the preference category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top 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 submitted to the time the permit is issued. There are 3 methods to show ability to pay:

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

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

There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not need an approved 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, USCIS will examine it and may ask for additional information or employment documentation by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is an available green card. The real green card application can just be submitted if the recipient’s concern date is existing, implying a permit is instantly readily available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, employment which sums up the availability of immigrant visa (permit) numbers and suggests when a green card has become available to a candidate based upon their preference classification, country of birth, and concern 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 permits that can be provided each year. That limit is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s concern 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 involves requesting the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for eventual development of a permit, employment authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes a consultation for the beneficiary’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, employment the recipient is provided a Visa Packet. The beneficiary will pay a Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 identify whether to admit the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit functions as evidence of irreversible residency in the U.S.