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, but for those seeking long-term residency in the U.S., it is a necessary step to attaining that goal. In this post, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the primary step in the employment-based green card process. The process is created to ensure that there are no qualified U.S. employees available for employment the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly used workers in a specific occupation in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the location of desired work, travel requirements (if any), among other things. The dominating wage is the rate the company must at least provide the irreversible position at. It is likewise the rate that should 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 regulations require a sponsoring employer to evaluate the U.S. labor market through various recruitment methods for “able, willing, qualified, and readily available” U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The employer can start advertising (1) while the dominating 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:

– one month task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print ads in a paper of basic flow in the location of designated work, the majority of proper to the occupation and employment most likely to bring responses from able, prepared, qualified, and employment readily available U.S. workers; and
– Notice of Filing to be posted at the job website for a period of 10 successive organization days.

In addition to the mandatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer must choose 3 of the following:

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

During the recruitment procedure, the employer might be examining resumes and carrying out interviews of U.S. workers. The employer should keep in-depth records of their recruitment efforts, including the variety of U.S. workers who looked for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no certified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the beneficiary’s priority date and figures out 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 submit supporting documents when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the type of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes achieved, the variety of hires, and, if applicable, the variety of U.S. candidates declined, summarized by the specific lawful job-related factors for such rejections.

If an audit is provided on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees readily available for the position which the recipient will not adversely affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, depending upon the preference category and nation 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 top priority date is present.

At the I-140 petition phase, the company 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 issued. There are 3 methods to show capability to pay:

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

In addition, it is at this phase that the employer will choose the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not require an authorized 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: employment Immigrant Investors

After the I-140 petition is filed, USCIS will evaluate it and may ask for additional details or documents by releasing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, employment the recipient will check the Visa Bulletin to figure out if there is a readily available green card. The actual permit application can only be filed if the beneficiary’s priority date is present, indicating a green card is immediately offered to the recipient.

Monthly, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a green card has actually ended up being offered to an applicant based upon their preference classification, country of birth, and priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be provided each year. That limit is presently 140,000. This implies that in any given year, the maximum number of permits that can be released to employment-based candidates and employment their dependents is 140,000.

Once the beneficiary’s concern date is present, he/she will either go through modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves looking for employment the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to carry out necessary security checks and for ultimate production of a permit, employment permission (work authorization) or advance parole file. The recipient may be alerted of the date, time, and location for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing includes making an application for the permit at a U.S. consulate in the recipient’s home country. The consular office establishes an appointment for the recipient’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to the Visa Packet and produce the green card. The beneficiary 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 confess the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The green card works as evidence of irreversible residency in the U.S.