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

The employment-based permit procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is a necessary action to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the initial step in the employment-based green card procedure. The procedure is developed to make sure that there are no competent U.S. workers readily available for the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the for the sponsored position. Once the task information are completed, a dominating 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 particular occupation in the location of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, employment the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must a minimum of offer the irreversible position at. It is likewise the rate that must be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to evaluate the U.S. labor market through various recruitment techniques for “able, prepared, qualified, and available” U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The employer can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– thirty days task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print ads in a paper of basic circulation in the area of desired employment, a lot of appropriate to the profession and employment more than likely to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the task site for a period of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be published. The employer must pick 3 of the following:

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

During the recruitment process, the employer may be evaluating resumes and conducting interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who obtained the position, the number who were talked to, and the factors why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send 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 establishes the beneficiary’s priority date and identifies his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results accomplished, employment the number of hires, and, if applicable, the variety of U.S. candidates declined, summed up by the specific lawful 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 company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers readily available for the position which the recipient will not adversely impact the earnings 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 needs to include the authorized PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is existing.

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

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

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

There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need an approved 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 might ask for additional info or paperwork by providing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is an offered green card. The actual permit application can only be filed if the beneficiary’s top priority date is current, meaning a green card is immediately readily available to the recipient.

Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has appeared to a candidate based on their preference classification, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’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 currently 140,000. This suggests 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 beneficiary’s top priority date is present, he/she will either go through adjustment of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This info will be used to carry out required security checks and for eventual development of a permit, work authorization (work license) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to identify 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 permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up a visit for the beneficiary’s interview when his/her priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary 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 determine whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit acts as proof of long-term residency in the U.S.