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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 permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those looking for irreversible residency in the U.S., it is a vital action to attaining that goal. In this post, we will go through the steps of the employment-based green card process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the initial step in the employment-based permit process. The process is developed to make sure that there are no certified U.S. workers readily available for the position which the foreign employee will not negatively affect the wages and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the task details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized employees in a particular profession in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company should at least provide the long-term position at. It is also the rate that must be paid to the employee once the permit is received. 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 different recruitment methods for “able, willing, qualified, and offered” U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment process. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:
– thirty days task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic circulation in the location of desired work, a lot of suitable to the occupation and most likely to bring reactions from able, willing, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 successive organization days.
In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The company must choose 3 of the following:
– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the employer may be reviewing resumes and performing interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, including the number of U.S. workers who obtained the position, the number who were interviewed, and the reasons why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the employer can send the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the beneficiary’s concern date and identifies his/her location in line in the green card visa queue.
React To PERM/Labor Certification Audit (if any)
An employer is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality control procedure in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL typically needs:
– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the outcomes achieved, the variety of hires, and, if relevant, the variety of U.S. candidates turned down, summed up by the particular lawful occupational factors for such rejections.
If an audit is released 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, the company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees readily available for the position which the recipient will not adversely affect the salaries and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and proof of the recipient’s credentials for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is present.
At the I-140 petition phase, the company needs to likewise show its capability to pay the recipient 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 ability to pay:
1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings is equal to or higher than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets are equal to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration).
In addition, it is at this stage that the company will choose the employment-based choice category 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 certifications.
There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications might 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: Certain Special Immigrants.
– EB-5: Immigrant Investors
After the I-140 petition is submitted, USCIS will review it and might request extra info or documents by releasing a Demand for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is an offered green card. The real green card application can only be filed if the beneficiary’s top priority date is present, indicating a permit is instantly readily available to the beneficiary.
Each month, referall.us the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and indicates when a permit has actually appeared to a candidate based upon their choice classification, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be issued each year. That limit is presently 140,000. This means that in any given year, the optimum number of permits 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 .
Adjustment of Status
Adjustment of status involves applying for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her picture and signature taken and being fingerprinted. This details will be used to conduct necessary security checks and for eventual development of a green card, work permission (work permit) or advance parole document. The beneficiary might be notified of the date, time, and place for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient’s case to determine if it meets one of the exceptions. If the interview is successful and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing includes obtaining the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 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 examine and figure out whether to admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The permit functions as proof of permanent residency in the U.S.