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  • Founded Date October 28, 1929
  • Sectors Security
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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 completely in the U.S. The procedure can be made complex and prolonged, but for those seeking permanent residency in the U.S., it is a necessary action to attaining that goal. In this article, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the very first action in the employment-based permit process. The procedure is developed to ensure that there are no certified U.S. employees offered for the position which the foreign employee will not adversely affect the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task information are completed, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise utilized employees in a specific occupation in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job duties, requirements for the position, the location of intended employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer should a minimum of offer the long-term position at. It is likewise the rate that must be paid to the worker 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 employer to test the U.S. labor market through various recruitment methods for “able, prepared, certified, and readily available” U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment process. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of general blood circulation in the area of intended employment, job the majority of proper to the occupation and most likely to bring responses from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the task site for a duration of 10 successive business days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The company should pick 3 of the following:

Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment process, the employer may be examining resumes and conducting interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, including the number of U.S. employees who applied for the position, the number who were talked to, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the company can submit the PERM application if no qualified U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient’s concern date and figures out his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment steps undertaken and the results achieved, the variety of hires, and, if applicable, the number of U.S. applicants rejected, summed up by the particular legal 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 employer will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no competent U.S. employees readily available for the position which the beneficiary will not negatively affect the wages 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 must include the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference category and country of birth, a recipient might be eligible to file the I-140 immigrant petition and job the I-485 modification of status application simultaneously if his/her priority date is existing.

At the I-140 petition stage, the company needs to likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income amounts to or higher 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 higher than the proffered wage (yearly report, income tax return, or audited financial statement).

In addition, it is at this stage that the company will select the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the staff member’s qualifications.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an approved 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 request extra details or documents by releasing a Request for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is a readily available green card. The real green card can only be filed if the beneficiary’s priority date is present, meaning a permit is right away offered to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and suggests when a permit has appeared to an applicant based on their choice classification, country of birth, and priority date. The date the PERM application is submitted develops the beneficiary’s priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the maximum number of green cards that can be issued to employment-based applicants and their dependents is 140,000.

Once the recipient’s top priority date is present, he/she will either go through change of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status includes 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 notified to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and job signature taken and being fingerprinted. This details will be utilized to perform required security checks and for ultimate development of a permit, job work authorization (work license) or advance parole file. The recipient might be informed of the date, time, and area for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to figure out if it fulfills among the exceptions. If the interview succeeds and job USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the recipient’s interview when his/her top priority date ends up being existing. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary 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 inspect and determine whether to admit the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The permit acts as evidence of irreversible residency in the U.S.