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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 process can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an important action to achieving that objective. In this article, we will go through the actions of the employment-based green card process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the first action in the employment-based permit process. The procedure is developed to guarantee that there are no qualified U.S. workers readily available for the position which the foreign worker will not negatively affect the earnings 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 settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise utilized employees in a particular occupation in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task responsibilities, requirements for the position, the area of desired work, travel requirements (if any), among other things. The is the rate the employer should at least use the permanent position at. It is also the rate that needs to be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines need a sponsoring company to evaluate the U.S. labor market through various recruitment approaches for “able, ready, qualified, and readily available” U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The employer can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:
– thirty days job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of basic flow in the area of designated work, most appropriate to the occupation and more than likely to bring actions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive business days.
In addition to the mandatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer should choose 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who applied for the position, the number who were interviewed, and the reasons they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is released and recruitment is complete, the employer can send 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 submitted establishes the recipient’s concern date and identifies his/her place in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality control procedure in the form of audits to ensure compliance with all PERM guidelines. In the event of an audit, the DOL generally needs:
– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the outcomes attained, the variety of hires, and, referall.us if appropriate, the variety of U.S. applicants rejected, summed up by the specific legal occupational reasons for such rejections.
If an audit is provided on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is authorized, the company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. workers available for the position and that 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 actually 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 consist of the approved PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is current.
At the I-140 petition stage, the employer must also show its capability 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 show 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 earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions amount to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration).
In addition, it is at this phase that the employer will pick the employment-based choice category for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.
There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may not require an authorized PERM application or I-140 petition.) The categories 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 might ask for additional info or documents by releasing an Ask for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The actual green card application can just be filed if the beneficiary’s top priority date is present, implying a green card is instantly offered to the beneficiary.
Every month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and indicates when a green card has actually ended up being available to an applicant based upon their choice classification, nation of birth, and top priority date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be issued each year. That limitation is presently 140,000. This indicates that in any given year, the optimum number of green cards that can be released to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status involves getting the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for eventual development of a green card, work permission (work authorization) or advance parole document. The beneficiary may be informed of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to determine if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.
Consular Processing
Consular processing includes getting 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 top priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary 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 inspect and figure out whether to admit the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The green card acts as proof of long-term residency in the U.S.