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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 enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, but for those seeking irreversible residency in the U.S., employment it is a necessary step to attaining that goal. In this post, we will go through the actions of the employment-based permit procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is generally the initial step in the employment-based permit procedure. The procedure is developed to make sure that there are no competent U.S. employees readily available for the position which the foreign employee will not adversely affect the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM process by preparing the job description for the sponsored position. Once the task details are finalized, a dominating wage application is submitted to the Department of Labor employment (DOL). The prevailing wage rate is defined as the typical wage paid to likewise utilized employees in a particular profession in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of designated employment, travel requirements (if any), among other things. The prevailing wage is the rate the company should a minimum of provide the long-term position at. It is also the rate that must be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring company to check the U.S. labor market through numerous recruitment techniques for « able, prepared, qualified, and offered » U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The employer can begin 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 job order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a newspaper of general flow in the area of intended work, most proper to the occupation and probably to bring actions from able, willing, qualified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 successive service days.
In addition to the compulsory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be published. The company should select 3 of the following:
– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private employment firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad
During the recruitment procedure, the employer might be evaluating resumes and performing interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who made an application for the position, the number who were spoken with, employment and the reasons that they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is total, the company can send the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after . The day the PERM application is filed establishes the beneficiary’s top priority date and determines his/her place in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
An employer is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality control procedure in the form of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL normally needs:
– Evidence of all recruitment efforts carried out (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 number of U.S. applicants rejected, summarized by the particular legal occupational reasons for such rejections.
If an audit is issued 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 employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. workers available for the position which the recipient will not adversely 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 step 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 on the preference classification and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and employment the I-485 adjustment of status application simultaneously if his/her top priority date is current.
At the I-140 petition stage, the employer should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to demonstrate ability to pay:
1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equivalent to or greater than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties are equivalent to or greater than the proffered wage (annual report, tax return, or audited financial statement).
In addition, it is at this stage that the employer will select the employment-based preference category for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the worker’s certifications.
There are a number of classifications of employment-based green cards, 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 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 may ask for additional information or documents by releasing a Request for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available green card. The real permit application can just be filed if the beneficiary’s top priority date is present, indicating a green card is right away readily available to the recipient.
Monthly, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a green card has actually become readily available to a candidate based upon their preference category, nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s priority date. In the employment-based immigration system, Congress set a limit on the number of green cards that can be issued each year. That limit is presently 140,000. This implies that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status includes making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for ultimate development of a permit, employment permission (work authorization) or employment advance parole document. The beneficiary may be informed of the date, time, and place for employment an interview at a USCIS workplace to answer concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to figure out if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.
Consular Processing
Consular processing includes looking for the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the recipient’s interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given 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 recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and employment identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card acts as evidence of long-term residency in the U.S.