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

The employment-based green card procedure is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those looking for irreversible residency in the U.S., it is an essential step to attaining that objective. 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 very first action in the employment-based green card procedure. The procedure is created to ensure that there are no competent U.S. employees readily available for the position which the foreign worker will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise utilized employees in a particular profession in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must a minimum of provide the irreversible position at. It is also the rate that must be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to check the U.S. labor market through numerous recruitment methods for „able, ready, certified, and available” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or employment (2) after the PWD is provided.

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

– 30 day job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of general circulation in the location of designated work, the majority of proper to the profession and probably to bring actions from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 consecutive company days.

In addition to the necessary recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the employer might be reviewing resumes and performing interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who used for the position, the number who were interviewed, and employment the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit the PERM application if no certified U.S. workers were found. 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 concern date and figures out his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, employment the DOL implements a quality assurance procedure in the type of audits to ensure compliance with all PERM guidelines. In the occasion of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results attained, the variety of hires, and, if relevant, the number of U.S. candidates declined, summed up by the particular legal job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the total 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 approved PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position which the beneficiary will not negatively impact 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 needs to include the authorized PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, employment depending on the preference category and country of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is existing.

At the I-140 petition stage, the company must likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 methods to demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equal to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (annual report, tax return, or audited financial statement).

In addition, it is at this stage that the company will choose 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 employee’s qualifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need an authorized 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 evaluate it and may ask for additional details or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

Each month, employment the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and shows when a permit has actually appeared to a candidate based on their preference classification, nation of birth, and top priority 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 that can be issued each year. That limit is currently 140,000. This implies that in any given year, the maximum number of green cards that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves making an application for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for eventual production of a green card, work authorization (work permit) or advance parole file. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a visit for the recipient’s interview when his/her concern date ends up being present. 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 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 check and identify whether to admit the recipient into the U.S. If admitted, the beneficiary will receive the permit in the mail. The green card functions as evidence of irreversible residency in the U.S.