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 lengthy, however for those seeking permanent residency in the U.S., it is an essential step to accomplishing that objective. In this post, we will go through the steps of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the primary step in the employment-based green card process. The process is designed to ensure that there are no competent U.S. workers readily available for the position and that the foreign employee will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are settled, a dominating 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 particular occupation in the area of intended employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, employment task tasks, requirements for the position, the area 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 permanent position at. It is also the rate that should be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to evaluate the U.S. labor market through different recruitment approaches for “able, ready, qualified, and offered” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for a professional or non-professional profession, require the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print advertisements in a newspaper of general circulation in the area of desired employment, the majority of suitable to the profession and employment most likely to bring responses from able, prepared, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the job website for employment a duration of 10 consecutive organization days.

In addition to the obligatory recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The employer must choose 3 of the following:

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

During the recruitment procedure, the company may be reviewing resumes and conducting interviews of U.S. workers. The employer should keep detailed records of their recruitment efforts, including the variety of U.S. workers who used 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 company can submit the PERM application if no qualified 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 submitted establishes the beneficiary’s priority date and identifies his/her place in line in the permit visa line.

Respond to PERM/ 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 control procedure in the form of audits to guarantee compliance with all PERM guidelines. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions undertaken and the results attained, the number of hires, and, if appropriate, the variety of U.S. candidates turned down, summed up 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 Certification

If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification verifies that there are no competent U.S. employees offered for the position which the recipient will not negatively affect the wages 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and proof of the recipient’s certifications for the sponsored position. Please note, depending on the choice category and country of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is present.

At the I-140 petition phase, the employer needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to demonstrate ability to pay:

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

In addition, it is at this stage that the employer will choose the employment-based preference classification for employment the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are several categories of employment-based permits, 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 classifications include:

– EB-1: Priority Workers.
– EB-2: employment 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 may request additional information or documentation by providing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is an offered green card. The real green card application can just be submitted if the beneficiary’s top priority date is existing, implying a permit is right away offered to the beneficiary.

On a monthly basis, 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 appeared to a candidate based on their choice category, country of birth, and concern date. The date the PERM application is submitted develops the recipient’s top priority date. In the employment-based immigration system, Congress set a limitation on the number of green cards that can be released each year. That limit is presently 140,000. This indicates that in any given year, the maximum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes making an application for the green card while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually involves having his/her photo and signature taken and being fingerprinted. This information will be used to conduct necessary security checks and for ultimate creation of a permit, work authorization (work license) or advance parole document. The beneficiary may be alerted of the date, time, and place for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to identify if it satisfies one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the permit.

Consular Processing

Consular processing involves getting the green card at a U.S. consulate in the recipient’s home country. The consular workplace sets up an appointment for the beneficiary’s interview when his/her priority date becomes present. 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 utilized 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 examine and determine whether to confess the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The permit serves as evidence of permanent residency in the U.S.