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 permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those seeking permanent residency in the U.S., it is a vital action to attaining 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 typically the initial step in the employment-based permit process. The process is designed to ensure that there are no competent U.S. workers readily available for the position and job that the foreign employee will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized workers in a specific occupation in the area of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the company should a minimum of provide the permanent position at. It is also the rate that must be paid to the employee once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to check the U.S. labor market through various recruitment approaches for "able, ready, certified, and offered" U.S. workers. Generally, the employer has 2 alternatives when choosing when to start the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

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

- 30 day job order with the State Workforce Agency serving the location of designated employment; - Two Sunday print ads in a paper of basic circulation in the location of designated employment, most proper to the profession 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 site for a period of 10 consecutive service days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company must choose 3 of the following:

- Job Fairs - Employer's business site - Job search website - On-Campus recruiting - Trade or expert organization - Private work companies - Employee recommendation program - Campus placement workplace - Local or ethnic newspaper; and - Radio or TV ad

During the recruitment procedure, the company might be examining resumes and carrying out interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who looked for the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no certified U.S. employees 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 beneficiary's priority date and figures out his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality control process in the kind of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL usually requires:

- Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);. - Copies of applicants' resumes and completed employment applications; and. - A recruitment report signed by the employer describing the recruitment steps undertaken and the results attained, the variety of hires, and, if relevant, the variety of U.S. applicants declined, summarized by the particular legal job-related reasons for such rejections.

If an audit is released on a case, 3 to 4 months are contributed to the total 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 validates that there are no competent U.S. employees available for the position which the beneficiary will not adversely affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and job proof of the beneficiary's certifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the company must also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 ways to show ability to pay:

1. Evidence that the wage paid to the recipient is equal to or greater than the proffered wage (pay-stubs, W-2s);. 2. Evidence that the company's earnings is equivalent to or higher than the proffered wage (annual report, tax return, or audited financial statement); OR. 3. Evidence that the business's net possessions amount to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this stage that the employer will pick the employment-based preference classification 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 a number of categories of employment-based permits, 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 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 evaluate it and may request additional info or documentation by providing 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 determine if there is an available permit. The real permit application can only be submitted if the beneficiary's top priority date is existing, job suggesting a green card is instantly offered to the beneficiary.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has actually appeared to a candidate based upon their choice classification, country of birth, and priority date. The date the PERM application is submitted develops the beneficiary's priority date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be provided each year. That limit is currently 140,000. This implies that in any given year, the optimum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her picture and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate production of a green card, employment authorization (work license) or advance parole document. The beneficiary might be informed of the date, time, and place 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 identify if it satisfies among the exceptions. If the interview is effective and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes using for the permit at a U.S. consulate in the recipient's home nation. The consular workplace sets up a consultation for the beneficiary's interview when his/her priority date becomes existing. If the grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The recipient 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 determine whether to confess the recipient into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit works as proof of long-term residency in the U.S.