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 process that enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and employment prolonged, but for those seeking permanent residency in the U.S., it is an essential step to attaining that goal. In this post, 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 usually the initial step in the employment-based green card process. The procedure is designed to make sure that there are no competent 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 starts the PERM procedure by drafting the task description for the sponsored position. Once the job details are finalized, a prevailing wage application is sent to the Department of Labor employment (DOL). The prevailing wage rate is defined as the average wage paid to similarly utilized employees in a particular occupation in the area of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of desired work, travel requirements (if any), amongst other things. The prevailing wage is the rate the company need to a minimum of use the long-term position at. It is also the rate that should be paid to the employee once the green card is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to check the U.S. labor market through numerous recruitment techniques for “able, prepared, certified, and available” U.S. workers. Generally, the employer has 2 options when choosing when to start the recruitment process. The employer 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:

– one month task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a paper of general flow in the location of intended work, the majority of suitable to the profession and most likely to bring actions from able, ready, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 successive organization days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company needs to pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee referral program
– Campus placement office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment process, the employer may be evaluating resumes and performing interviews of U.S. employees. The company needs to keep in-depth records of their recruitment efforts, including the variety of U.S. employees who used for the position, the number who were spoken with, and the reasons why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is complete, the employer can send 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 submitted establishes the recipient’s priority date and figures out his/her location in line in the permit visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM policies. In the event of an audit, the DOL typically needs:

– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes accomplished, the number of hires, and, if relevant, the number of U.S. candidates turned down, summarized by the specific legal job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor employment 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 competent U.S. workers available for the position and that the recipient will not adversely affect the incomes and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and proof of the recipient’s credentials 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 the I-485 modification of status application simultaneously if his/her concern date is present.

At the I-140 petition stage, the employer needs to also demonstrate 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 methods to show ability to pay:

1. Evidence that the wage paid to the beneficiary is equivalent to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or higher than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (yearly report, tax return, or audited monetary statement).

In addition, it is at this stage that the company will choose the employment-based choice classification 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 qualifications.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an approved PERM application or I-140 petition.) The classifications 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 may ask for extra details or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to figure out if there is an available green card. The real permit application can just be filed if the beneficiary’s top priority date is existing, implying a green card is instantly available to the recipient.

Each month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and shows when a permit has actually become available to a candidate based on their preference category, nation of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be released each year. That limitation is currently 140,000. This implies that in any given year, the maximum variety of green cards that can be issued 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 modification of status or consular processing to get the green card.

Adjustment of Status

Adjustment of status involves getting the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her picture and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for ultimate of a permit, employment authorization (work authorization) or advance parole document. The recipient may be alerted of the date, time, and place for an interview at a USCIS office to respond to concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it satisfies one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the permit.

Consular Processing

Consular processing involves applying for the green card at a U.S. consulate in the beneficiary’s home country. The consular workplace 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 recipient 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to confess the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The green card serves as proof of long-term residency in the U.S.