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

The employment-based permit process is a multi-step process that allows foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those seeking long-term residency in the U.S., it is an important step to attaining that goal. In this 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 process is typically the initial step in the employment-based green card process. The procedure is developed to make sure that there are no qualified U.S. employees available for the position which the foreign worker will not adversely impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the job description for the sponsored position. Once the job details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly used employees in a particular occupation in the area of intended employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, employment the area of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the company need to a minimum of provide the irreversible position at. It is also the rate that should 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 regulations need a sponsoring company to check the U.S. labor market through various recruitment techniques for “able, prepared, certified, and available” U.S. employees. Generally, the employer has 2 choices when deciding when to start the recruitment procedure. The employer can begin 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, employment need the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a newspaper of general flow in the area of designated employment, many proper to the occupation and more than likely to bring reactions from able, ready, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive service days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company needs to choose 3 of the following:

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

During the recruitment procedure, the employer may be reviewing resumes and conducting interviews of U.S. workers. The employer must keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who made an application for the position, the number who were interviewed, and employment the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can send the PERM application if no qualified 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 filed develops the beneficiary’s concern date and figures out his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the kind of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates turned down, summarized by the specific lawful job-related factors for such rejections.

If an audit is released on a case, 3 to 4 months are contributed 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. workers readily available for the position and that the beneficiary will not adversely impact the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, employment 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 employment the sponsored position. Please note, depending on the preference classification and country of birth, a beneficiary might be qualified to submit the I-140 immigrant petition and employment the I-485 adjustment of status application concurrently if his/her priority date is present.

At the I-140 petition phase, the employer should likewise demonstrate its capability 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 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 business’s net earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this phase that the company will select the employment-based preference 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 certifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not require 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 evaluate it and may ask for extra details or documentation by providing an Ask for Evidence (RFE).

Step 3: Permit Application

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

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and indicates when a green card has appeared to a candidate based upon their preference classification, nation of birth, and top priority date. The date the PERM application is filed 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 provided each year. That limitation is presently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s concern date is existing, he/she will either go through modification of status or employment consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes applying for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and for eventual creation of a permit, work authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and location for an interview at a USCIS office to answer concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to determine if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.

Consular Processing

Consular processing involves requesting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up an appointment for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the visa, the beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card serves as evidence of permanent residency in the U.S.