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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is a vital step to attaining that objective. In this article, we will go through the steps of the employment-based green card process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is generally the first step in the employment-based permit process. The procedure is developed to guarantee that there are no certified U.S. workers available for the position and employment that the foreign employee will not negatively impact the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM process by preparing the task description for the sponsored position. Once the task information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly used workers in a specific profession in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, job responsibilities, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must at least offer the irreversible position at. It is also the rate that must be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring employer to test the U.S. labor market through different recruitment methods for “able, ready, certified, and available” U.S. workers. Generally, the employer has 2 alternatives when deciding 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 released.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
– 30 day task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a paper of general circulation in the area of designated employment, most proper to the occupation and probably to bring reactions from able, willing, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the task site for a period of 10 consecutive service days.
In addition to the obligatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be published. The employer should pick 3 of the following:
– Job Fairs
– Employer’s business website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private employment firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the employer might be examining resumes and performing interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who requested the position, the number who were interviewed, and the factors why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the employer can send the PERM application if no competent 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 identifies his/her place in line in the permit visa line.
Respond to PERM/Labor Certification Audit (if any)
A company is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control process in the type of audits to guarantee compliance with all PERM policies. In the event of an audit, the DOL generally requires:
– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps undertaken and the outcomes achieved, the number of hires, and, if appropriate, the variety of U.S. applicants rejected, summarized by the specific legal job-related reasons 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 get it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position which the recipient will not adversely affect the earnings and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is present.
At the I-140 petition phase, the company should also show its capability 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 ways to show ability to pay:
1. Evidence that the wage paid to the recipient is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings is equivalent to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).
In addition, it is at this phase that the company will pick 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 credentials.
There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not need an approved PERM application or employment I-140 petition.) The categories 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 examine it and may request extra info or documentation by issuing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to figure out if there is a readily available permit. The real green card application can just be submitted if the recipient’s concern date is current, indicating a green card is immediately readily available to the beneficiary.
Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a green card has actually become offered to an applicant based on their preference category, nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be provided each year. That limitation is currently 140,000. This suggests that in any given year, the optimum number of green cards that can be released to employment-based candidates and their dependents is 140,000.
Once the recipient’s concern date is present, he/she will either go through change of status or consular processing to get the green card.
Adjustment of Status
Adjustment of status involves applying for the green card while in the U.S. After a modification of status application is submitted (Form I-485), employment the recipient is notified to appear at an Application Support Center for biometrics collection, which usually involves having his/her picture and signature taken and being fingerprinted. This info will be utilized to conduct required security checks and for ultimate creation of a permit, employment permission (work authorization) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS workplace to answer concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.
Processing
Consular processing involves getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular workplace establishes a visit for the beneficiary’s interview when his/her concern date becomes present. If the consular officer grants the immigrant visa, the recipient 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and determine whether to admit the beneficiary into the U.S. If confessed, the beneficiary will get the green card in the mail. The permit serves as evidence of permanent residency in the U.S.