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 procedure that enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those looking for long-term residency in the U.S., it is a vital action to attaining that objective. In this 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 normally the primary step in the employment-based permit procedure. The procedure is designed to guarantee that there are no certified U.S. employees offered for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by drafting the task description for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise employed employees in a particular profession in the area of intended employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of designated work, travel requirements (if any), among other things. The prevailing wage is the rate the employer should a minimum of offer the long-term position at. It is also the rate that must be paid to the worker once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies need a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for “able, prepared, certified, and available” U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.
All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:
– 1 month job order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print ads in a paper of general blood circulation in the location of designated work, many appropriate to the occupation and probably to bring responses from able, ready, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job site for a duration of 10 successive service days.
In addition to the obligatory recruitment pointed out above, the DOL requires 3 additional recruitment efforts to be posted. The employer must choose 3 of the following:
– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or employment expert company
– Private employment firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad
During the recruitment process, the employer may be evaluating resumes and conducting interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. workers who made an application for the position, the number who were talked to, and the reasons that they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the employer can send the PERM application if no certified 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 filed establishes the beneficiary’s priority date and determines his/her location in line in the green card visa line.
React To PERM/Labor Certification Audit (if any)
A company is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to make sure compliance with all PERM policies. In case of an audit, the DOL generally needs:
– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes attained, the number of hires, employment and, if applicable, the variety of U.S. applicants rejected, summed up by the specific legal occupational reasons 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 authorized, 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 negatively impact 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 step is to submit an I-140 immigrant petition with U.S. Citizenship and employment Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is current.
At the I-140 petition phase, the employer should likewise demonstrate its ability to pay the beneficiary 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 amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings amounts to or higher than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets are equivalent to or higher than the proffered wage (yearly report, income tax return, or employment audited monetary declaration).
In addition, it is at this phase that the employer will pick the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.
There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not need 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 filed, USCIS will evaluate it and may request additional info or paperwork by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to determine if there is a readily available permit. The actual permit application can only be filed if the recipient’s top priority date is existing, implying a green card is instantly available to the recipient.
Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and suggests when a permit has actually ended up being available to a candidate based upon their choice classification, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary’s priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be provided each year. That limitation is presently 140,000. This means that in any given year, the maximum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s top priority date is existing, he/she will either go through modification of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status involves getting the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This information will be used to carry out required security checks and for eventual development of a permit, employment permission (work authorization) or advance parole file. The beneficiary might be informed of the date, time, and place for an interview at a USCIS office to answer concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will review the beneficiary’s case to identify if it meets 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 involves looking for the permit at a U.S. consulate in the recipient’s home country. The consular office sets up a visit for the recipient’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. The beneficiary will present the to the U.S. Customs and employment Border Protection (CPB) officer at the port of entry. The CBP officer will examine and figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.
