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  • Founded Date October 21, 1989
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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 completely in the U.S. The process can be complicated and prolonged, job but for those seeking permanent residency in the U.S., it is an important action to achieving that goal. In this article, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based permit process. The process is designed to guarantee that there are no certified U.S. employees offered for the position and that the foreign employee will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM process by preparing the job description for the . Once the job details are settled, a prevailing wage application is submitted to the Department of Labor job (DOL). The prevailing wage rate is specified as the average wage paid to similarly utilized workers in a specific occupation in the area of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job job responsibilities, requirements for the position, job the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must a minimum of use the long-term position at. It is also the rate that should be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to evaluate the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and readily available” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment process. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:

– one month task order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the area of designated employment, many appropriate to the occupation and most likely to bring responses from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 successive business days.

In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer needs to choose 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and carrying out interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, including the variety of U.S. workers who looked for job the position, the number who were spoken with, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no qualified 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 filed establishes the recipient’s concern date and figures out his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the kind of audits to guarantee compliance with all PERM regulations. In the occasion of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the results attained, the number of hires, and, if suitable, the number of U.S. candidates turned down, summarized by the specific lawful occupational factors 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 approved, the employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees offered for the position and that 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 approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the employer should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. 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 business’s net income is equal to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (annual report, tax return, or audited financial statement).

In addition, job it is at this stage that the employer will choose the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the worker’s qualifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require an authorized PERM application or I-140 petition.) The categories 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 might request extra details or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to figure out if there is an offered permit. The real green card application can just be submitted if the recipient’s priority date is existing, meaning a green card is immediately readily available to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and suggests when a green card has actually appeared to a candidate based on their choice classification, country 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 limit on the number of permits that can be provided each year. That limitation is currently 140,000. This means that in any given year, the optimum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes requesting the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her photo and signature taken and being fingerprinted. This info will be used to perform required security checks and for eventual development of a green card, employment permission (work permit) or advance parole document. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to figure out if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a visit for the recipient’s interview when his/her top priority date becomes present. 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 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 recipient will receive the green card in the mail. The permit functions as proof of long-term residency in the U.S.