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 process can be made complex and lengthy, however for those looking for long-term residency in the U.S., it is an essential action to achieving that goal. In this short article, 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 initial step in the employment-based green card process. The process is developed to make sure that there are no qualified U.S. employees offered for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly employed employees in a specific occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the location of intended employment, travel requirements (if any), among other things. The dominating wage is the rate the company need to a minimum of provide the irreversible position at. It is likewise the rate that must be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to evaluate the U.S. labor market through numerous recruitment methods for « able, ready, certified, and available » U.S. employees. Generally, the employer has 2 alternatives when choosing when to begin the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

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

– 30 day task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of basic flow in the location of designated employment, many appropriate to the occupation and most likely to bring reactions from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the job website for a period of 10 consecutive organization days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer must select 3 of the following:

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

During the recruitment process, the employer may be reviewing resumes and conducting interviews of U.S. employees. The employer must keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who looked for the position, the number who were interviewed, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no qualified 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 establishes the beneficiary’s priority date and determines his/her place in line in the green card visa queue.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to make sure compliance with all PERM regulations. In the occasion of an audit, the DOL typically needs:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and employment the results accomplished, the variety of hires, and, if appropriate, the variety of U.S. candidates declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is issued 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the beneficiary 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 authorized, 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 approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her priority date is present.

At the I-140 petition stage, the employer must also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods to show 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 earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).

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

There are several classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not need 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 ask for extra information or paperwork by issuing an Ask for Evidence (RFE).

Step 3: employment Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an offered green card. The real green card application can only be submitted if the recipient’s priority date is existing, meaning a green card is instantly available to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a green card has ended up being offered to an applicant based on their preference category, country of birth, and concern date. The date the PERM application is submitted establishes the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the maximum variety of permits that can be issued to employment-based applicants and their dependents is 140,000.

Once the beneficiary’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 using for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This information will be used to conduct required security checks and for ultimate creation of a permit, employment permission (work license) or advance parole document. The recipient may be notified of the date, time, and location for an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will evaluate the beneficiary’s case to if it meets among the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will get the permit.

Consular Processing

Consular processing includes looking for the permit at a U.S. consulate in the beneficiary’s home country. The consular office sets up a visit for employment 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 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 examine and determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit acts as evidence of irreversible residency in the U.S.