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

The employment-based green card process is a multi-step process that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, however for those looking for long-term residency in the U.S., it is an essential step to achieving that objective. In this short article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the very first step in the employment-based permit procedure. The process is created to make sure that there are no certified U.S. workers readily available for somalibidders.com the position which the foreign worker will not adversely affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the job description for the sponsored position. Once the task information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise employed employees in a specific occupation in the area of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the area of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to at least offer the irreversible position at. It is also the rate that must be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to test the U.S. labor market through different recruitment methods for “able, prepared, certified, and readily available” U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional occupation, referall.us require the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of general circulation in the location of desired work, many suitable to the profession and probably to bring reactions from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 successive organization days.

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

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

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. . The employer needs to keep comprehensive records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company 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 submitted establishes the recipient’s concern date and identifies his/her place in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the kind of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the outcomes accomplished, the variety of hires, and, if suitable, the variety of U.S. applicants rejected, summarized by the particular lawful job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. workers available for the position which the beneficiary will not negatively impact the salaries and working conditions of U.S. employees.

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 must include the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a recipient might be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is present.

At the I-140 petition stage, the employer should also demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to demonstrate ability 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 greater than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (annual report, tax return, or audited monetary statement).

In addition, it is at this stage that the company will select the employment-based choice 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 certifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may not require an authorized PERM application or I-140 petition.) The categories 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 evaluate it and may request extra details or paperwork by providing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is an offered green card. The real permit application can only be filed if the beneficiary’s top priority date is existing, implying a green card is right away offered to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and indicates when a green card has appeared to a candidate based on their preference classification, nation of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes looking for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is alerted 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 used to perform required security checks and for eventual creation of a permit, employment authorization (work authorization) or advance parole document. The recipient may be notified of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will review the recipient’s case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes looking for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up an appointment 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 utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary 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 determine whether to admit the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card works as evidence of irreversible residency in the U.S.