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 made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an essential step to attaining that objective. In this post, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the first step in the employment-based green card procedure. The procedure is created to ensure that there are no competent U.S. offered for the position and that the foreign worker will not adversely affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the task information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to similarly utilized workers in a particular profession in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should at least offer the permanent position at. It is also the rate that must be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to test the U.S. labor market through various recruitment techniques for “able, willing, certified, and readily available” U.S. employees. Generally, the company has 2 alternatives when deciding when to begin the recruitment process. The employer can begin 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 advertisements in a newspaper of general circulation in the location of desired work, a lot of appropriate to the occupation and most likely to bring actions from able, willing, certified, and readily 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 necessary recruitment mentioned above, the DOL requires 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 workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer may be examining resumes and performing interviews of U.S. workers. The company needs to keep detailed records of their recruitment efforts, including the number of U.S. workers who made an application for the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit the PERM application if no certified 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 submitted develops the recipient’s concern date and determines his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the form of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results attained, the number of hires, and, if suitable, the number of U.S. candidates declined, summarized by the specific legal occupational 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 validates that there are no competent U.S. employees readily available for the position and that the recipient will not adversely affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and employment the I-485 modification of status application concurrently if his/her priority date is present.

At the I-140 petition phase, employment the company 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 demonstrate ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or higher 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 (annual report, income tax return, or audited financial declaration); OR.
3. Evidence that the company’s net properties amount to or greater than the proffered wage (annual report, tax return, or audited monetary statement).

In addition, it is at this stage that the company will pick the employment-based choice category for the sponsored position. The category 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 permits, and each has its own set of requirements. (Please keep in mind, some categories may not require an authorized PERM application or I-140 petition.) The categories include:

– EB-1: Priority Workers.
– EB-2: employment 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 submitted, USCIS will evaluate it and might ask for extra info or documentation by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to identify if there is an offered green card. The actual green card application can only be submitted if the beneficiary’s priority date is present, suggesting a permit is instantly 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 ended up being readily available to an applicant based on their choice classification, nation of birth, and concern 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 number of permits that can be issued each year. That limit is currently 140,000. This means that in any given year, employment the maximum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes obtaining the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, employment which generally includes having his/her photo and signature taken and being fingerprinted. This info will be used to carry out required security checks and for eventual creation of a green card, work authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview achieves success 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 beneficiary’s home country. The consular office sets up a consultation for the recipient’s interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. 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 examine and figure out whether to confess the beneficiary into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit acts as evidence of long-term residency in the U.S.