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 permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, however for those looking for long-term residency in the U.S., it is a vital action to achieving that goal. In this short article, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit procedure. The process is designed to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not adversely impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used employees in a specific occupation in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer should at least use the long-term position at. It is also the rate that must be paid to the staff member once the permit is gotten. Current processing times for dominating 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 various recruitment approaches for "able, willing, qualified, and available" U.S. workers. Generally, the employer has 2 alternatives when deciding when to start the recruitment procedure. The company can start advertising (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 profession, require the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the location of desired employment;
- Two Sunday print advertisements in a newspaper of basic circulation in the area of intended employment, a lot of suitable to the occupation and more than likely to bring reactions from able, willing, certified, and available U.S. employees; and
- Notice of Filing to be posted at the job website for a duration of 10 consecutive service days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer must select 3 of the following:

- Job Fairs
- Employer's business website
- Job search site
- On-Campus recruiting
- Trade or expert company
- 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 reviewing resumes and performing interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who looked 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 issued and employment recruitment is complete, the company can send 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 develops the beneficiary's priority date and identifies his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL executes a quality control process in the form of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually requires:

- Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
- Copies of applicants' resumes and completed work applications; and.
- A recruitment report signed by the employer describing the recruitment steps carried out and the outcomes accomplished, the variety of hires, and, if appropriate, the variety of U.S. candidates declined, summarized by the particular lawful occupational reasons for such rejections.

If an audit is provided on a case, employment 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 company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. employees offered for the position and that the recipient will not negatively impact the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step 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 evidence of the beneficiary's credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, the company should also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to demonstrate 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 business's net income is equal to or higher than the proffered wage (annual report, income 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, income tax return, employment or audited monetary declaration).

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

There are numerous classifications of employment-based permits, 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 include:

- EB-1: Priority Workers.
- EB-2: Professionals Holding Advanced Degrees and employment 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 evaluate it and might request extra information or documents by releasing a Request for Evidence (RFE).

Step 3: Permit Application

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

On a monthly basis, the Department of State publishes 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 upon their choice category, nation of birth, employment and top priority date. The date the PERM application is filed establishes the recipient's priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be provided each year. That limit is currently 140,000. This indicates that in any given year, the maximum variety of green cards that can be provided to employment-based candidates and their dependents is 140,000.

Once the beneficiary's priority date is current, he/she will either go through modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes getting the green card while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for employment ultimate development of a permit, work permission (work license) or advance parole file. The recipient may be alerted of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will review the recipient's case to determine if it meets among the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves using for the green card at a U.S. consulate in the recipient's home nation. The consular office establishes a for the recipient's interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, 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 permit. 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 check and identify whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card works as evidence of permanent residency in the U.S.