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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those looking for irreversible residency in the U.S., it is an essential step to accomplishing that objective. In this post, we will go through the actions of the employment-based green card process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is generally the first step in the employment-based green card procedure. The procedure is created to ensure that there are no certified U.S. employees offered for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company begins the PERM procedure by drafting the task description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly employed workers in a particular occupation in the area of intended work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to at least use 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 dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations require a sponsoring employer to check the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and readily available” U.S. employees. Generally, the company has 2 choices when deciding when to begin 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, referall.us whether for a professional or non-professional occupation, need the following recruitment efforts:
– 30 day task order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of basic flow in the location of intended work, most appropriate to the profession and more than likely to bring responses from able, ready, certified, and available U.S. employees; and
of Filing to be posted at the task website for a duration of 10 consecutive business days.
In addition to the compulsory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be posted. The company must pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment process, the employer might be evaluating resumes and conducting interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. employees who obtained the position, the number who were interviewed, and the reasons why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is released and recruitment is complete, the company can submit 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 submitted develops the beneficiary’s priority date and figures out his/her place in line in the green card visa line.
React To PERM/Labor Certification Audit (if any)
An employer is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the form of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL generally needs:
– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes attained, the number of hires, and, if relevant, the variety of U.S. applicants rejected, summarized by the particular legal occupational factors 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 approved, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. workers offered for the position and that the beneficiary will not adversely impact the incomes and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has been approved, the next step is to file 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 credentials for the sponsored position. Please note, depending upon the preference classification and nation of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.
At the I-140 petition stage, the employer needs to likewise show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to demonstrate capability 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 company’s net income is equal to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net possessions amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement).
In addition, it is at this stage that the employer will choose the employment-based preference category for the sponsored position. The classification depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s credentials.
There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories may 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, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors
After the I-140 petition is filed, USCIS will review it and may request extra info or documentation by providing a Request for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to figure out if there is an offered green card. The actual permit application can just be filed if the beneficiary’s concern date is current, suggesting a green card is immediately readily available to the beneficiary.
Monthly, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a permit has actually become offered to a candidate based upon their choice category, country of birth, and concern date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be provided each year. That limit is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be released to employment-based applicants and their dependents is 140,000.
Once the beneficiary’s top priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status involves making an application for 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, which typically includes having his/her picture and signature taken and being fingerprinted. This info will be used to perform required security checks and for ultimate production of a green card, work permission (work permit) or advance parole file. The beneficiary may be informed of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to determine if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the permit.
Consular Processing
Consular processing involves looking for the green card at a U.S. consulate in the recipient’s home country. The consular office sets up an appointment 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 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 figure out whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The permit functions as proof of permanent residency in the U.S.