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

The employment-based permit process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, employment however for those looking for irreversible residency in the U.S., it is a necessary action to achieving that goal. In this 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 usually the very first step in the employment-based permit procedure. The process is designed to guarantee that there are no qualified U.S. workers readily available for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting 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 dominating wage rate is specified as the average wage paid to similarly used employees in a specific occupation in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, employment task duties, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must a minimum of use the long-term position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. 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 various recruitment methods for “able, willing, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The company can begin 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:

– thirty days job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of general circulation in the area of intended work, most suitable to the occupation and most likely to bring reactions from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 consecutive business days.

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

– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private work companies
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the company might be evaluating resumes and performing interviews of U.S. workers. The company should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no certified 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 submitted establishes the recipient’s concern date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the type of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes achieved, the variety of hires, and, if appropriate, the number of U.S. applicants turned down, summarized by the particular legal occupational reasons for such rejections.

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

Receive the Approved PERM/Labor Certification

If the PERM application is approved, employment the company will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers offered for the position and that the recipient will not negatively impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, 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 approved PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the employer should also demonstrate its ability 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 methods to show ability 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 amounts to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net possessions are equal to or greater than the proffered wage (annual report, tax return, or audited financial statement).

In addition, it is at this phase that the company will select the employment-based preference classification for the sponsored position. The category depends upon 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 classifications may not require an approved PERM application or I-140 petition.) The classifications include:

– 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: employment Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and may ask for extra information or documentation by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

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

Every month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and shows when a green card has ended up being available to an applicant based on their choice category, nation of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be issued each year. That limit is currently 140,000. This suggests that in any given year, the optimum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s priority date is current, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This information will be used to carry out required security checks and for eventual creation of a green card, work authorization (work license) or advance parole file. The beneficiary may be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves obtaining the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up an appointment for the recipient’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 examine and figure out whether to admit the recipient into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit functions as proof of irreversible residency in the U.S.