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

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those seeking irreversible residency in the U.S., it is a necessary action to accomplishing that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the very first action in the employment-based green card procedure. The process is developed to make sure that there are no competent U.S. employees available for the position and that the foreign employee will not negatively affect the earnings 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 settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a particular occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for the position, the location of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must at least provide the permanent position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through numerous recruitment methods for „able, prepared, qualified, and available” U.S. employees. Generally, the company has 2 choices when choosing when to start the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– 1 month job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a paper of general circulation in the location of desired employment, a lot of appropriate to the profession and more than likely to bring responses from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job website for a duration of 10 successive service days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The company must choose 3 of the following:

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

During the recruitment process, the company may be evaluating resumes and conducting interviews of U.S. employees. The employer should keep in-depth records of their recruitment efforts, including the variety of U.S. employees who used for 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 company can submit the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the beneficiary’s concern date and determines his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the type of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the variety of hires, and, if relevant, the number of U.S. applicants rejected, summarized by the particular lawful job-related reasons for such rejections.

If an audit is issued on a case, 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 get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. employees readily available for the position which the recipient will not negatively impact the incomes 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 consist of the approved PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the company must also demonstrate its ability to pay the beneficiary 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 higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equal to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets are equivalent to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration).

In addition, it is at this stage that the will select the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s credentials.

There are several classifications of employment-based green cards, 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 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 submitted, USCIS will evaluate it and referall.us may request additional info or paperwork by providing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to identify if there is an available green card. The actual green card application can only be filed if the recipient’s top priority date is current, indicating a green card is right away available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a green card has appeared to an applicant based on their choice category, nation of birth, and concern date. The date the PERM application is filed establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is presently 140,000. This implies that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This info will be used to conduct required security checks and for eventual creation of a permit, employment permission (work license) or advance parole document. The beneficiary might be informed of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes an appointment for the recipient’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 recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The recipient 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 identify whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit acts as evidence of irreversible residency in the U.S.