The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit procedure is a multi-step process that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is a vital action to achieving that goal. In this short article, we will go through the steps of the employment-based green card process in information.
Step 1: PERM/Labor somalibidders.com Certification
The PERM/Labor Certification process is typically the primary step in the employment-based permit process. The process is designed to make sure that there are no certified U.S. employees available for the position which the foreign employee will not adversely affect the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM process by preparing the task description for the sponsored position. Once the job details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used employees in a specific profession in the location of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job responsibilities, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should at least offer the irreversible position at. It is likewise the rate that should be paid to the employee once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations require a sponsoring employer to test the U.S. labor market through numerous recruitment techniques for “able, prepared, qualified, and readily available” U.S. employees. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is provided.
All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:
– 1 month task order with the State Workforce Agency serving the area of desired employment;
– Two Sunday print advertisements in a paper of general circulation in the area of desired work, the majority of suitable to the profession and most likely to bring responses from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 consecutive organization days.
In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The company must select 3 of the following:
– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or expert company
– Private work firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the employer may be examining resumes and conducting interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, including the number of U.S. workers who obtained the position, the number who were spoken with, and the reasons 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 competent 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 recipient’s priority date and identifies his/her place in line in the permit visa queue.
Respond to PERM/Labor Certification Audit (if any)
An employer is not needed to send supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the type of audits to make sure compliance with all PERM guidelines. In the occasion of an audit, the DOL typically needs:
– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and referall.us finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results achieved, the number of hires, and, if appropriate, the variety of U.S. applicants turned down, summed up by the particular 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 approved, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. employees offered for adremcareers.com the position and that the recipient will not adversely impact the salaries and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has been authorized, the next step 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 recipient’s qualifications for the sponsored position. Please note, depending on the preference classification and nation of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.
At the I-140 petition phase, the employer should likewise show 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 show capability to pay:
1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equal to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties are equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).
In addition, it is at this stage that the employer will pick the employment-based preference category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the staff member’s certifications.
There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need an authorized 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 examine it and may ask for additional information or documentation by providing a Request for (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is a readily available permit. The actual green card application can only be filed if the beneficiary’s concern date is present, suggesting a permit is right away offered to the beneficiary.
Monthly, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and indicates when a permit has appeared to a candidate based on their choice classification, nation of birth, and priority date. The date the PERM application is submitted develops the beneficiary’s concern date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be issued each year. That limitation is currently 140,000. This means that in any given year, the optimum number of green cards that can be released to employment-based candidates and their dependents is 140,000.
Once the recipient’s top priority date is present, he/she will either go through change of status or consular processing to receive the permit.
Adjustment of Status
Adjustment of status includes making an application for the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to conduct necessary security checks and for eventual creation of a green card, work permission (work license) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to identify if it fulfills among the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a visit for the beneficiary’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. 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 inspect and figure out whether to admit the recipient into the U.S. If admitted, the recipient will get the permit in the mail. The green card acts as evidence of irreversible residency in the U.S.