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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The process can be complicated and lengthy, employment however for those looking for irreversible residency in the U.S., it is an important action 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 process is typically the initial step in the employment-based green card procedure. The procedure is designed to guarantee that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively impact the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are completed, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used workers in a specific profession in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of use the permanent position at. It is also the rate that should be paid to the staff member once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through numerous recruitment approaches for “able, prepared, certified, and readily available” U.S. employees. Generally, the employer has 2 choices when deciding when to begin the recruitment process. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

– 30 day job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a newspaper of general flow in the location of designated employment, a lot of suitable to the profession and more than likely to bring responses from able, prepared, certified, and available U.S. employees; and
– Notice of Filing to be published at the task site for a duration of 10 successive service days.

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

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be reviewing resumes and performing interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the number of U.S. employees who requested the position, the number who were talked to, and the reasons that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no certified U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s top priority date and identifies 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 send supporting documents when a PERM application is submitted. Therefore, the DOL implements a quality assurance procedure in the form of audits to ensure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes attained, the number of hires, and, if appropriate, the number of U.S. applicants turned down, summarized 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 approved, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. workers available for the position and that the beneficiary will not adversely impact 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 file an I-140 immigrant petition with U.S. Citizenship and employment 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 upon the choice category and country of birth, a recipient might be qualified to submit 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 stage, the company should likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 ways to show ability to pay:

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

In addition, it is at this stage that the company will choose the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the employee’s qualifications.

There are a number of categories of employment-based green cards, 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: employment 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 examine it and may request additional details or documentation by providing 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 an offered permit. The real green card application can only be submitted if the recipient’s top priority date is present, indicating a permit is immediately readily available to the beneficiary.

Every month, 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 appeared 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 immigration system, set a limit on the variety of green cards that can be issued each year. That limit is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s priority date is existing, 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 the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This information will be used to carry out required security checks and for ultimate development of a green card, employment authorization (work license) or advance parole file. The recipient may be informed of the date, time, and place for an interview at a USCIS office to respond to questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the recipient’s case to identify if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace sets up a visit for the beneficiary’s interview when his/her top priority date ends up being current. If the consular officer grants the immigrant visa, employment the beneficiary is given 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 figure out whether to confess the beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The green card acts as evidence of permanent residency in the U.S.