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 enables foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, however for those looking for irreversible residency in the U.S., it is an essential step 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 Certification

The PERM/Labor Certification process is usually the very first action in the employment-based green card process. The procedure is designed to guarantee that there are no qualified U.S. workers 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 employer begins the PERM process by preparing the task description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise used employees in a specific occupation in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer must at least provide the irreversible position at. It is also the rate that must be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through numerous recruitment methods for "able, willing, certified, and available" U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can begin advertising (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 profession, need the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the location of intended work;
- Two Sunday print ads in a paper of general circulation in the location of desired work, a lot of suitable to the occupation and more than likely to bring responses from able, willing, qualified, and offered U.S. employees; and
- Notice of Filing to be posted at the task site for a duration of 10 successive organization days.

In addition to the compulsory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be posted. The company should select 3 of the following:

- Job Fairs
- Employer's company site
- Job search site
- On-Campus recruiting
- Trade or expert organization
- Private employment companies
- Employee recommendation program
- Campus placement workplace
- Local or ethnic newspaper; and
- Radio or employment TV advertisement

During the recruitment process, the employer might be evaluating resumes and carrying out interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, including the variety of U.S. employees who got the position, the number who were talked to, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued 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 develops the beneficiary's top priority date and figures out his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the kind of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:

- Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
- Copies of candidates' resumes and finished employment applications; and.
- A recruitment report signed by the employer describing the recruitment actions carried out and the results accomplished, the variety of hires, and, if appropriate, the number of U.S. applicants turned down, summarized by the particular lawful job-related reasons for such rejections.

If an audit is issued 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 authorized, the company will receive it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. employees readily available for the position which the recipient will not adversely impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and proof of the recipient's qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is existing.

At the I-140 petition stage, the company must likewise show 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 methods to show ability 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 amounts to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company's net possessions amount to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).

In addition, it is at this phase that the company will select the employment-based choice classification 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 numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might 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, employment 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 ask for extra information or documents by issuing an Ask 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 a readily available permit. The real permit application can just be filed if the beneficiary's concern date is current, indicating a permit is instantly offered to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and employment shows when a permit has actually appeared to an applicant based on their preference classification, nation of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary's priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the maximum number of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary's concern date is existing, he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves using for the permit while in the U.S. After a modification of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This information will be used to carry out required security checks and employment for eventual production of a permit, work authorization (work permit) or advance parole file. The recipient may be informed of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will evaluate the recipient's case to determine if it fulfills among the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the beneficiary's home nation. The consular office sets up a consultation for the recipient's interview when his/her priority date ends up being existing. If the consular officer grants the immigrant visa, the recipient is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to admit the recipient into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit works as evidence of permanent residency in the U.S.