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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 procedure that enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, however for those seeking permanent residency in the U.S., it is an important step to accomplishing that objective. In this article, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the first step in the employment-based permit procedure. The process is designed to make sure that there are no competent U.S. workers offered for the position which the foreign employee will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the job description for the sponsored position. Once the job details are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise utilized workers in a particular profession in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), among other things. The dominating wage is the rate the employer should at least offer the irreversible position at. It is also 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 regulations require a sponsoring employer to evaluate the U.S. labor market through numerous recruitment techniques for “able, willing, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– one month job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a newspaper of general circulation in the area of designated employment, the majority of suitable to the profession and most likely to bring actions from able, job prepared, job certified, and available U.S. workers; and
– Notice of Filing to be published at the task website for job a duration of 10 consecutive service days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer needs to select 3 of the following:

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

During the recruitment process, the employer may be reviewing resumes and carrying out interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who made an application for the position, job the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can submit the PERM application if no qualified 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 queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the type of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results attained, the number of hires, and, if appropriate, the number of U.S. applicants rejected, summarized by the specific legal job-related reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. employees offered for the position and that the beneficiary will not adversely affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending on 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 concurrently if his/her concern date is current.

At the I-140 petition stage, the company needs to likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to show capability 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 equivalent to or higher than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (annual report, income tax return, job or audited monetary declaration).

In addition, it is at this phase that the employer will pick the employment-based choice classification 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 categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not need an authorized PERM application or I-140 petition.) The categories 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 request extra details or documents by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is a readily available green card. The actual permit application can only be submitted if the recipient’s concern date is present, indicating a permit is immediately available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a permit has actually appeared to a candidate based on their choice classification, country of birth, and job concern date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limitation 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 recipient’s priority 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 applying for the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for ultimate production of a permit, work permission (work license) or advance parole file. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, job the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 admit the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit serves as proof of permanent residency in the U.S.