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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 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 permanent residency in the U.S., it is an essential step to achieving that objective. In this post, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based green card procedure. The procedure is developed to guarantee that there are no qualified U.S. employees offered for the position which the foreign worker will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the job details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a particular profession in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer should at least offer the long-term position at. It is likewise the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for “able, prepared, qualified, and readily available” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment procedure. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a paper of basic blood circulation in the area of designated work, a lot of appropriate to the profession and most likely to bring actions from able, ready, qualified, and available U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive company days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer must choose 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, employment the company may be evaluating resumes and carrying out interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, including the number of U.S. employees who used for employment the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, employment the can send the PERM application if no qualified 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 develops the recipient’s concern date and identifies his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the results accomplished, the number of hires, and, if relevant, the number of U.S. candidates rejected, summed up by the specific legal 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers available for employment the position and that the beneficiary will not adversely affect the wages 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 submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference category and employment country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern 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 provided. 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 earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets are equal to or higher than the proffered wage (annual report, income tax return, or audited financial declaration).

In addition, it is at this phase that the employer will choose the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an authorized 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 may request extra information or paperwork by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is a readily available green card. The actual permit application can only be filed if the recipient’s concern date is current, meaning a green card is immediately offered to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a green card has ended up being offered to an applicant based on their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the recipient’s top 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 presently 140,000. This implies that in any given year, the optimum variety of green cards that can be issued to employment-based candidates and employment their dependents is 140,000.

Once the beneficiary’s priority date is current, he/she will either go through change of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate development of a permit, employment permission (work permit) or advance parole document. The beneficiary might be alerted of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing involves looking for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a consultation for the beneficiary’s interview when his/her top priority 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 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 check and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.