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  • Founded Date May 25, 2010
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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 procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and prolonged, but for those seeking permanent residency in the U.S., it is an essential action to accomplishing that objective. In this short article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor job Certification

The PERM/Labor Certification process is typically the primary step in the employment-based green card process. The process is designed to make sure that there are no certified U.S. employees readily available for the position which the foreign worker will not adversely impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the job description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise used employees in a specific profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the location of desired employment, travel requirements (if any), job to name a few things. The prevailing wage is the rate the company must a minimum of use the permanent 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 need a sponsoring employer to evaluate the U.S. labor market through different recruitment approaches for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 choices when choosing when to begin the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a newspaper of general blood circulation in the location of desired work, many proper to the profession and more than likely to bring actions from able, willing, certified, job and available U.S. workers; and
– Notice of Filing to be published at the job website for a period of 10 consecutive service days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s business website
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the employer might be evaluating resumes and conducting interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, including the number of U.S. workers who got the position, the number who were spoken with, and the reasons why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released 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 submission. The day the PERM application is filed establishes the recipient’s priority date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results attained, the variety of hires, and, if suitable, the variety of U.S. applicants turned down, job summarized 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. employees readily available for the position which the recipient will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, 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 qualifications for the sponsored position. Please note, job depending upon the choice classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is existing.

At the I-140 petition stage, the employer should also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the beneficiary is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equal to or higher than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (annual report, tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will choose the employment-based choice category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

There are numerous categories of employment-based permits, 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 categories 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 evaluate it and might ask for additional information or paperwork by a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is an offered green card. The real permit application can just be filed if the beneficiary’s top priority date is current, meaning a permit is instantly available to the recipient.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and suggests when a permit has ended up being available to a candidate based on their choice classification, country of birth, and priority date. The date the PERM application is filed develops the beneficiary’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 presently 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 beneficiary’s top priority date is present, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves obtaining the green card while in the U.S. After a modification of status application is filed (Form I-485), job the recipient is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate creation of a permit, work permission (work permit) or advance parole file. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to identify if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes obtaining the permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up an appointment for the recipient’s interview when his/her concern date ends up being existing. If the consular officer grants the immigrant visa, the recipient 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 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 beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit functions as proof of permanent residency in the U.S.