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 permits foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is a vital step to attaining that objective. In this post, we will go through the actions of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the very first step in the employment-based permit process. The process is designed to ensure that there are no certified U.S. workers offered for the position and that the foreign employee will not negatively affect the incomes 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 prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise utilized employees in a particular profession in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the area of intended work, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least use the long-term position at. It is likewise the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, ready, certified, and offered” U.S. workers. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. 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 a professional or non-professional profession, need the following recruitment efforts:

– 1 month job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a paper of basic flow in the location of desired work, most suitable to the profession and probably to bring reactions from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task 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 employer must choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert company
– Private employment firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. workers. The employer should keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor job Certification Application

After the PWD is released and recruitment is total, the employer can submit 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 submitted establishes the beneficiary’s concern date and figures out his/her place in line in the permit visa line.

React 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 control process in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company explaining the recruitment steps carried out and the outcomes accomplished, the variety of hires, and, if suitable, job the variety of U.S. candidates rejected, summed up by the particular lawful job-related factors 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 get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position and that the beneficiary will not negatively impact the incomes and working conditions of U.S. workers.

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 Immigration Services (USCIS). The petition must consist of the authorized PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the company should also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 ways to show ability 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 earnings amounts to or higher than the proffered wage (annual report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets are equal to or greater than the proffered wage (yearly report, income tax return, or audited financial declaration).

In addition, it is at this stage that the company will choose the employment-based preference category for the sponsored position. The classification depends on 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 green cards, and each has its own set of requirements. (Please note, some categories might not require an approved 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 filed, USCIS will examine it and may request additional info or documents by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to figure out if there is a readily available green card. The real green card application can only be submitted if the recipient’s top priority date is current, indicating a permit is instantly readily available to the beneficiary.

Monthly, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and suggests when a green card has actually appeared to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be released each year. That limit is currently 140,000. This implies that in any given year, the optimum variety of permits that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient’s priority date is existing, he/she will either go through adjustment of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This info will be utilized to perform required security checks and job for ultimate production of a green card, work authorization (work license) or advance parole file. The beneficiary might be alerted of the date, time, and place for an interview at a USCIS office to concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to figure out if it meets one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home country. The consular office sets up a consultation for the beneficiary’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the recipient is provided 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 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 determine whether to confess the recipient into the U.S. If confessed, the recipient will get the permit in the mail. The permit acts as proof of long-term residency in the U.S.