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

The employment-based permit procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is an important action to attaining that goal. 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 process is usually the primary step in the employment-based green card procedure. The process is designed to guarantee that there are no certified U.S. workers available for the position which the foreign employee will not adversely affect the wages 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 task information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise utilized employees in a specific occupation in the area of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for employment the position, the location of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the employer need to at least provide the permanent position at. It is likewise the rate that must 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 policies require a sponsoring employer to test the U.S. labor employment market through numerous recruitment approaches for “able, ready, qualified, and available” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can begin advertising (1) while the dominating 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 location of intended work;
– Two Sunday print ads in a paper of basic blood circulation in the area of intended employment, many suitable to the occupation and most likely to bring actions from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be posted at the job website for a duration of 10 successive business days.

In addition to the obligatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The company needs to select 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and performing interviews of U.S. employees. The company should keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who obtained the position, the number who were talked to, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can submit the PERM application if no qualified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the is submitted establishes the recipient’s priority date and determines his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to make sure compliance with all PERM policies. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the outcomes achieved, employment the number of hires, and, if appropriate, the variety of U.S. applicants rejected, summarized by the specific legal job-related factors for such rejections.

If an audit is released 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, employment the company will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. workers offered for the position which the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is current.

At the I-140 petition phase, the employer needs to also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed 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 greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net assets are equal to or greater than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this stage that the company will select the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.

There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved 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: employment Immigrant Investors

After the I-140 petition is submitted, USCIS will review it and might ask for additional details 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 a readily available green card. The real green card application can only be submitted if the recipient’s priority date is current, meaning a green card is instantly offered to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a permit has actually ended up being offered to an applicant based upon their choice classification, country of birth, employment and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is presently 140,000. This implies 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 concern date is existing, he/she will either go through adjustment of status or consular processing to receive the permit.

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 recipient is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform necessary security checks and for eventual development of a green card, employment authorization (work authorization) or advance parole document. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to identify if it fulfills one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves looking for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up an appointment for the recipient’s interview when his/her concern date ends up being present. 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 inspect and figure out whether to admit the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit acts as proof of permanent residency in the U.S.

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