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 procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, but for those seeking long-term residency in the U.S., it is a necessary action to achieving that objective. In this short article, we will go through the actions of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the first action in the employment-based permit procedure. The process is developed to make sure that there are no certified U.S. employees available for the position and that the foreign employee will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the task description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise used employees in a particular occupation in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of intended employment, travel requirements (if any), accc.rcec.sinica.edu.tw among other things. The prevailing wage is the rate the employer should a minimum of use the irreversible position at. It is also the rate that should 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 evaluate the U.S. labor market through various recruitment methods for "able, willing, certified, and readily available" U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The employer can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

- thirty days job order with the State Workforce Agency serving the area of intended employment; - Two Sunday print ads in a newspaper of basic blood circulation in the area of intended employment, many proper to the occupation and more than likely to bring actions from able, prepared, qualified, and offered U.S. employees; and - Notice of Filing to be posted at the job site for a duration of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The company must select 3 of the following:

- Job Fairs - Employer's business site - Job search site - On-Campus recruiting - Trade or expert company - Private work firms - Employee recommendation program - Campus positioning workplace - Local or ethnic paper; and - Radio or TV advertisement

During the recruitment process, the company may be examining resumes and conducting interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, including the number of U.S. employees who got 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 released and recruitment is complete, the employer can submit 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 develops the recipient's priority date and determines his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the kind of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL generally requires:

- Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);. - Copies of applicants' resumes and completed employment applications; and. - A recruitment report signed by the company describing the recruitment actions carried out and the results attained, the variety of hires, and, if suitable, the variety of U.S. applicants turned down, m1bar.com summarized by the specific legal job-related reasons for such rejections.

If an audit is released on a case, 3 to 4 months are included to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification validates that there are no competent U.S. workers readily available for the position and that the recipient will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the beneficiary's certifications for the sponsored position. Please note, depending upon the choice category and country of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is existing.

At the I-140 petition phase, the employer must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);. 2. Evidence that the company's net earnings amounts to or pattern-wiki.win higher than the proffered wage (yearly report, tax return, or audited financial statement); OR. 3. Evidence that the business's net properties are equal to or higher than the proffered wage (annual report, tax return, or audited financial statement).

In addition, it is at this stage that the company will select the employment-based preference category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker's certifications.

There are several classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not require an approved 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 submitted, USCIS will evaluate it and may ask for library.kemu.ac.ke extra details or documents by providing an Ask for (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to identify if there is a readily available permit. The real permit application can only be submitted if the beneficiary's priority date is existing, implying a green card is right away offered to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and suggests when a permit has appeared to an applicant based on their preference classification, country of birth, and priority date. The date the PERM application is submitted develops the beneficiary's priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 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 recipient's top priority date is current, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status includes making an application for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her picture and signature taken and being fingerprinted. This info will be used to conduct necessary security checks and for eventual development of a green card, work permission (work authorization) or advance parole file. The beneficiary might be notified of the date, time, and area for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient's case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.

Consular Processing

Consular processing includes making an application for morphomics.science the permit at a U.S. consulate in the recipient's home nation. The consular workplace establishes a consultation for the recipient's interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the recipient is given 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 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 identify whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the permit in the mail. The permit acts as evidence of permanent residency in the U.S.