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 enables 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 vital action to achieving that objective. In this post, 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 generally the first step in the employment-based green card procedure. The procedure is designed to ensure that there are no qualified U.S. workers offered for the position which the foreign employee will not negatively impact the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly employed employees in a specific occupation in the area of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must a minimum of provide the long-term position at. It is also the rate that should 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 policies require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for «able, ready, qualified, and offered» U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer 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, need the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a newspaper of basic flow in the area of desired employment, a lot of suitable to the occupation and probably to bring actions from able, willing, certified, and offered U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 successive organization days.

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

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee referral program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be examining resumes and performing interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, including the number of U.S. workers who looked for the position, the number who were interviewed, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

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

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL usually needs:

– 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 actions carried out and the outcomes achieved, the variety of hires, and, if suitable, the variety of U.S. candidates rejected, summed up by the specific lawful job-related reasons for such rejections.

If an audit is released 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 is authorized, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers readily available for the position which the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending on the choice category and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is present.

At the I-140 petition phase, the employer must likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is issued. There are 3 ways to demonstrate capability to pay:

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

In addition, it is at this phase that the company 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 worker’s certifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not need 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: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will review it and might ask for additional info or documentation by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an available permit. The real permit application can just be filed if the beneficiary’s concern date is current, implying a permit is immediately available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and shows when a permit has actually become offered to a candidate based on their preference category, nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limitation is currently 140,000. This implies that in any given year, referall.us the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s concern date is present, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes obtaining 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 includes having his/her photo and signature taken and being fingerprinted. This info will be utilized to conduct required security checks and for eventual production of a permit, employment permission (work permit) or advance parole document. The beneficiary might be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a consultation for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used 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 figure out whether to confess the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The green card serves as proof of long-term residency in the U.S.