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  • Founded Date June 26, 1973
  • Sectors Sales & Marketing
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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 allows foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is a necessary action to attaining that objective. In this article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the initial step in the employment-based permit process. The procedure is designed to guarantee that there are no qualified U.S. employees available for the position and that the foreign worker will not negatively affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing the task description for the sponsored position. Once the task details are completed, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed employees in a specific occupation in the area of intended work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, employment the area of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company must at least provide the irreversible position at. It is likewise the rate that needs to be paid to the staff member once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring employer to evaluate the U.S. labor market through various recruitment techniques for “able, willing, qualified, and offered” U.S. workers. Generally, the company has 2 choices when deciding when to start the recruitment procedure. The company 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:

– one month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a paper of basic blood circulation in the area of designated employment, a lot of proper to the occupation and probably to bring responses from able, prepared, certified, and readily available U.S. workers; and
– Notice of Filing to be posted at the task site for a period of 10 consecutive business days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be posted. The company needs to pick 3 of the following:

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

During the recruitment procedure, the employer might be examining resumes and performing interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, employment consisting of the variety of U.S. employees who made an application for the position, the number who were spoken with, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is provided 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 filed develops the beneficiary’s top priority date and identifies his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the kind of audits to with all PERM regulations. In the occasion of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the variety of hires, and, if suitable, the variety of U.S. candidates declined, summed up by the specific lawful job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are included to the overall 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 approved PERM/Labor Certification verifies that there are no competent U.S. workers offered for the position and that the recipient will not negatively 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 action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the beneficiary’s certifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is current.

At the I-140 petition stage, the employer needs to also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or higher than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net assets amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this phase that the employer will choose the employment-based choice 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 a number of categories of employment-based permits, and employment each has its own set of requirements. (Please note, some classifications may not require 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: 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 information or employment paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to identify if there is a readily available green card. The real green card application can only be submitted if the beneficiary’s priority date is present, implying a permit is instantly available to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is filed develops the beneficiary’s concern date. In the employment-based immigration system, Congress set a limitation on the variety of green cards that can be issued each year. That limitation is presently 140,000. This means that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status involves getting the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This information will be used to perform necessary security checks and for ultimate development of a green card, work authorization (work permit) or advance parole document. The recipient might be informed of the date, time, and area for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to figure out if it meets 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 includes requesting the permit at a U.S. consulate in the beneficiary’s home country. The consular office establishes an appointment for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is offered 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 recipient 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 figure out whether to confess the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The permit serves as evidence of permanent residency in the U.S.

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