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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, but for those looking for permanent residency in the U.S., it is an important step to achieving that goal. In this post, we will go through the steps of the employment-based permit procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is normally the primary step in the employment-based permit process. The procedure is designed to make sure that there are no competent U.S. employees offered for the position which the foreign worker will not negatively affect the salaries and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly used workers in a specific occupation in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer should a minimum of provide the long-term position at. It is also the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines need a sponsoring employer to test the U.S. labor market through different recruitment methods for « able, willing, qualified, and available » U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment process. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.
All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:
– one month job order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a newspaper of general circulation in the location of intended work, the majority of proper to the occupation and probably to bring reactions from able, prepared, certified, and offered U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive business days.
In addition to the compulsory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company must pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic paper; and
or TV advertisement
During the recruitment procedure, the employer may be reviewing resumes and performing interviews of U.S. workers. The company must keep comprehensive records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were interviewed, and the factors why they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is total, the employer can submit the PERM application if no competent 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 establishes the recipient’s top priority date and determines his/her location in line in the permit visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not needed to submit supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL typically needs:
– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes accomplished, the number of hires, and, if relevant, the variety of U.S. applicants rejected, summed up by the specific legal job-related reasons for such rejections.
If an audit is provided on a case, 3 to 4 months are included to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is authorized, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no qualified U.S. workers available for the position and that the beneficiary will not negatively affect the salaries and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the choice category and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.
At the I-140 petition stage, the employer should also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is provided. 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 company’s earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets are equivalent to or higher than the proffered wage (yearly report, tax return, or audited financial statement).
In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s certifications.
There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories may not need an authorized 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, referall.us 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 request additional info or paperwork by issuing an Ask for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is an available green card. The real green card application can only be submitted if the beneficiary’s top priority date is existing, implying a green card is instantly readily available to the beneficiary.
Each month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and indicates when a green card has actually ended up being available to an applicant based upon their choice category, nation of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is presently 140,000. This indicates 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 beneficiary’s top priority date is current, he/she will either go through change of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for ultimate development of a permit, employment authorization (work license) or advance parole document. The beneficiary may be alerted of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary’s case to determine if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the recipient will get the permit.
Consular Processing
Consular processing involves applying for the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes a visit for the beneficiary’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is offered 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 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 figure out whether to admit the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The green card works as proof of irreversible residency in the U.S.