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 process can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is an important step to accomplishing that goal. In this post, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based green card procedure. The procedure is developed to make sure that there are no qualified U.S. employees offered for the position which the foreign employee 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 job information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise used workers in a specific profession in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer must a minimum of offer the permanent position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to check the U.S. labor market through various recruitment approaches for “able, willing, qualified, and offered” U.S. workers. Generally, the employer has 2 alternatives when choosing when to begin the recruitment process. The company can start 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:

– 30 day job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a paper of general flow in the location of intended employment, a lot of appropriate to the occupation and most likely to bring actions from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task site for a duration of 10 successive business days.

In addition to the mandatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer must select 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 placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, including the number of U.S. workers who for the position, the number who were spoken with, employment and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can submit the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient’s top priority date and determines his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the type of audits to make sure compliance with all PERM policies. In case of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes accomplished, the variety of hires, and, if relevant, the number of U.S. applicants turned down, summed up by the specific legal occupational factors for such rejections.

If an audit is issued 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 employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. employees offered for the position and that the beneficiary will not negatively impact the wages and working conditions of U.S. employees.

Step 2: I-140 Immigrant 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 should consist of the approved PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference category and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the employer needs to also show its capability to pay the beneficiary 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 amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income is equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration).

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

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not require an approved PERM application or I-140 petition.) The categories 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 evaluate it and might ask for extra information or paperwork by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to identify if there is an offered green card. The actual permit application can only be submitted if the recipient’s priority date is existing, indicating a permit is instantly available to the recipient.

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

Once the recipient’s top priority date is current, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes making an application for 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 normally involves having his/her image and signature taken and being fingerprinted. This info will be used to perform necessary security checks and for eventual production of a permit, employment permission (work authorization) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to determine if it meets one of the exceptions. If the interview achieves success and employment USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing includes using for the green card at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a visit for employment the recipient’s interview when his/her concern date becomes present. 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 green card. The beneficiary 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 beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card acts as evidence of long-term residency in the U.S.