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  • Founded Date July 5, 1944
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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 permanently in the U.S. The procedure can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is a necessary action to accomplishing that goal. In this article, we will go through the actions of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the first step in the employment-based green card procedure. The procedure is designed to guarantee that there are no qualified U.S. employees available for the position and that the foreign employee will not adversely affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by preparing 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 prevailing wage rate is defined as the average wage paid to likewise employed employees in a particular profession in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the location of desired work, travel requirements (if any), among other things. The dominating wage is the rate the company should at least provide the irreversible position at. It is likewise the rate that must be paid to the employee 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 check the U.S. labor market through numerous recruitment approaches for “able, willing, qualified, and readily available” U.S. workers. Generally, the employer has 2 options when deciding when to begin the recruitment procedure. The employer can start advertising (1) while the dominating wage application is pending or somalibidders.com (2) after the PWD is provided.

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

– one month job order with the State Workforce Agency serving the location of desired work;
– Two Sunday print ads in a paper of basic blood circulation in the area of desired work, many suitable to the occupation and probably to bring responses from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 consecutive service days.

In addition to the compulsory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The employer needs to choose 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work companies
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer might be evaluating resumes and performing interviews of U.S. employees. The employer should keep detailed records of their recruitment efforts, consisting of the variety of U.S. workers who requested the position, the number who were spoken with, and the reasons why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is total, the company can submit the PERM application if no certified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the beneficiary’s priority date and identifies his/her place in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance procedure in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL normally needs:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results attained, the variety of hires, and, if applicable, the variety of U.S. candidates rejected, summarized by the specific lawful 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 Certification

If the PERM application is approved, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no certified U.S. employees available for the position which the beneficiary will not negatively affect the salaries 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 on the choice classification and country of birth, a beneficiary might be eligible 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 must 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 issued. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, income 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 category depends on the minimum requirements for the position that was noted on the PERM application and the worker’s certifications.

There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications may not need 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 filed, USCIS will review it and might ask for extra details or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to determine if there is a readily available green card. The real permit application can just be submitted if the beneficiary’s top priority date is present, suggesting a green card is immediately available to the beneficiary.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a green card has actually become readily available to a candidate based on their preference category, nation of birth, and priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be issued each year. That limit is presently 140,000. This implies that in any given year, the optimum number of green cards that can be provided to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes getting the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her photo and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for eventual creation of a green card, employment permission (work license) or advance parole file. The recipient may be alerted of the date, time, and place for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to identify if it fulfills one of the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.

Consular Processing

Consular processing involves making an application for the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up an appointment for the recipient’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the recipient is given 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 present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will and determine whether to admit the beneficiary into the U.S. If admitted, the recipient will receive the permit in the mail. The green card acts as evidence of permanent residency in the U.S.

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