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

The employment-based permit procedure is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is a necessary action to accomplishing that objective. In this post, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the very first action in the employment-based green card process. The process is designed to make sure that there are no qualified U.S. employees available for the position and that the foreign employee will not negatively impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the job details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly used employees in a particular profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of desired employment, travel requirements (if any), among other things. The dominating wage is the rate the employer must at least provide the irreversible position at. It is also the rate that should be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through numerous recruitment methods for "able, ready, certified, and readily available" U.S. employees. Generally, the company has 2 choices when choosing when to begin the recruitment process. The company can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

- 1 month task order with the State Workforce Agency serving the area of intended employment; - Two Sunday print ads in a newspaper of general blood circulation in the area of desired work, the majority of appropriate to the occupation and most likely to bring actions from able, willing, qualified, and readily available U.S. employees; and - Notice of Filing to be published at the job website for a duration of 10 successive service days.

In addition to the obligatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The company should choose 3 of the following:

- Job Fairs - Employer's business website - Job search website - On-Campus recruiting - Trade or professional organization - Private employment firms - Employee recommendation program - Campus placement office - Local or ethnic paper; and - Radio or TV advertisement

During the recruitment process, the company may be evaluating resumes and performing interviews of U.S. employees. The company must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can send the PERM application if no qualified 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 establishes the beneficiary's concern date and figures out his/her place in line in the green card visa queue.

React To PERM/Labor employment Certification Audit (if any)

An employer is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the type of audits to ensure compliance with all PERM regulations. 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 candidates' resumes and completed employment applications; and. - A recruitment report signed by the company describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates declined, 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 approved, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no competent U.S. workers offered for the position which the recipient will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit 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 beneficiary's credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is current.

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 submitted to the time the permit is provided. There are 3 methods to show ability 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 higher than the proffered wage (annual report, income tax return, or audited financial declaration); OR. 3. Evidence that the company's net properties are equivalent to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).

In addition, it is at this phase that the company will choose the employment-based preference category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the worker's credentials.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might 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, employment USCIS will review it and may ask for additional details or documentation by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is a readily available permit. The real permit application can only be filed if the recipient's priority date is present, implying a permit is right away offered to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a permit has actually become available to an applicant based on their choice category, nation of birth, and priority date. The date the PERM application is submitted establishes the recipient's top priority date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of green cards that can be provided to employment-based applicants 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 receive the green card.

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for ultimate development of a permit, employment authorization (work permit) or employment advance parole file. The recipient might be informed of the date, employment time, and location for an interview at a USCIS office to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will review the beneficiary's case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient's home nation. The consular workplace sets up a visit for the recipient's interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used 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 check and identify whether to confess the into the U.S. If confessed, the recipient will get the green card in the mail. The green card serves as evidence of long-term residency in the U.S.