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

The employment-based permit process is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is an essential action to attaining that objective. In this post, we will go through the steps of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the primary step in the employment-based permit procedure. The procedure is developed to ensure that there are no certified U.S. employees available for the position and that the foreign employee will not adversely affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM process by drafting the task description for the sponsored position. Once the task details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a particular occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, employment the location of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must at least provide the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for “able, ready, qualified, and readily available” U.S. workers. Generally, the employer has 2 alternatives when deciding 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 released.

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

– thirty days task order with the State Workforce Agency serving the area of intended work;
– Two Sunday print advertisements in a paper of basic blood circulation in the location of designated work, the majority of suitable to the occupation and probably to bring responses from able, prepared, certified, and available U.S. workers; and
– Notice of Filing to be posted at the job website for a period of 10 successive organization days.

In addition to the obligatory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The employer should pick 3 of the following:

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

During the recruitment procedure, the employer may be evaluating resumes and conducting interviews of U.S. workers. The company needs to keep in-depth records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were interviewed, employment and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can send the PERM application if no certified U.S. workers were discovered. 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 identifies his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the kind of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if applicable, the variety of U.S. applicants rejected, summarized by the specific legal occupational factors for such rejections.

If an audit is issued 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers offered for the position and that the beneficiary will not negatively affect 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 beneficiary’s certifications for the sponsored position. Please note, depending upon the choice category and nation of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition stage, the company should also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to demonstrate 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 business’s earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the net properties are equivalent to or greater than the proffered wage (annual report, tax return, or audited financial declaration).

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

There are a number of classifications of employment-based green cards, employment and each has its own set of requirements. (Please keep in mind, some categories might not require an approved PERM application or I-140 petition.) The classifications 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: Immigrant Investors

After the I-140 petition is submitted, USCIS will review it and might request extra information or documents by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an offered permit. The actual green card application can only be submitted if the recipient’s priority date is existing, meaning a permit is right away 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 permit has appeared to a candidate based on their preference category, nation of birth, and top priority date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be released each year. That limit is presently 140,000. This implies that in any given year, the maximum variety of green cards that can be issued to employment-based applicants and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After a change of status application is submitted (Form I-485), employment the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her picture and signature taken and being fingerprinted. This information will be utilized to perform required security checks and for ultimate development of a permit, work permission (work license) or advance parole document. The beneficiary might be informed of the date, time, and area 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 authorities will evaluate the beneficiary’s case to determine if it fulfills one of the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace sets up an appointment for the beneficiary’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient is provided 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 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 figure out whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit functions as evidence of permanent residency in the U.S.