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

The employment-based green card process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is a vital action to accomplishing that goal. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based permit procedure. The process is developed to ensure that there are no qualified U.S. workers offered for the position and that the foreign employee will not adversely impact the incomes and adremcareers.com working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the job information are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used workers in a particular occupation in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of designated work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should at least use the permanent position at. It is also the rate that needs to be paid to the employee 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 test the U.S. labor market through numerous recruitment methods for «able, prepared, certified, and available» U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment procedure. The employer can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.

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 designated work;
— Two Sunday print ads in a newspaper of basic blood circulation in the location of intended work, a lot of suitable to the profession and probably to bring responses from able, ready, certified, and offered U.S. workers; and
— Notice of Filing to be posted at the task website for a duration of 10 successive company days.

In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer needs to pick 3 of the following:

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

During the recruitment procedure, the company might be examining resumes and performing interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, including the number of U.S. workers who requested the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer 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 filed develops the beneficiary’s priority date and determines his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the type of audits to make sure compliance with all PERM policies. In the occasion of an audit, the DOL normally requires:

— Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
— Copies of candidates’ resumes and finished work applications; and.
— A recruitment report signed by the employer explaining the recruitment steps carried out and the results achieved, the number of hires, and, if suitable, the variety of U.S. candidates turned down, summed up by the particular legal job-related factors for such rejections.

If an audit is provided on a case, 3 to 4 months are included 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 verifies that there are no qualified U.S. employees available for the position which the recipient will not negatively affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the company needs to 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 demonstrate capability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equal to or greater 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, income tax return, or audited financial statement).

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

There are several categories of employment-based green cards, 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 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 examine it and might ask for extra details or documentation by providing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to figure out if there is an offered permit. The real green card application can only be filed if the recipient’s priority date is present, meaning a green card is right away available to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a green card has appeared to a candidate based on their preference category, nation of birth, and priority date. The date the PERM application is filed develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is presently 140,000. This means that in any given year, the maximum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’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 looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), referall.us the recipient is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for eventual creation of a permit, employment authorization (work permit) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace 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 identify if it satisfies one of the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes getting the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a consultation for the recipient’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and somalibidders.com produce the permit. 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 examine and determine whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit functions as evidence of irreversible residency in the U.S.