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The employment-based green card procedure is a multi-step process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and employment prolonged, however for those seeking permanent residency in the U.S., it is an important action to achieving that goal. In this post, we will go through the steps of the employment-based green card procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the first action in the employment-based permit process. The procedure is created to make sure that there are no competent U.S. employees available for the position which the foreign worker will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to similarly utilized workers in a specific profession in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job tasks, requirements for the position, the location of designated employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of offer the long-term position at. It is also the rate that needs to be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to evaluate the U.S. labor market through various recruitment approaches for "able, ready, qualified, and available" U.S. employees. Generally, the company has 2 options when choosing when to start the recruitment process. The employer 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 occupation, require the following recruitment efforts:

- thirty days task order with the State Workforce Agency serving the location of desired work;

• Two Sunday print advertisements in a paper of basic flow in the area of desired employment, most suitable to the profession and probably to bring reactions from able, ready, certified, and readily available U.S. employees; and
• Notice of Filing to be published at the task website for a period of 10 successive business days.
  
  In addition to the necessary recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The employer should choose 3 of the following:
  
  - Job Fairs
• Employer's business website
• Job search site
• On-Campus recruiting
• Trade or expert organization
• Private employment companies
• Employee referral program
• Campus placement office
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment procedure, the employer might be reviewing resumes and performing interviews of U.S. workers. The company must keep detailed records of their recruitment efforts, including the number of U.S. workers who got the position, employment the number who were interviewed, 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 send the PERM application if no certified 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 filed establishes the beneficiary's priority date and determines his/her location in line in the permit visa queue.
  
  React 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 executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:
  
  - Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
• Copies of candidates' resumes and completed work applications; and.
• A recruitment report signed by the company describing the recruitment steps carried out and the outcomes accomplished, the number of hires, and, if applicable, the number of U.S. candidates declined, summed up by the particular legal occupational reasons for such rejections.
  
  If an audit is provided on a case, 3 to 4 months are included to the total processing time of the PERM application.
  
  Receive the Approved PERM/Labor Certification
  
  If the PERM application is approved, the company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers readily available for the position which the recipient will not negatively affect the earnings and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been approved, 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 evidence of the recipient's credentials for the sponsored position. Please note, depending upon the preference category and employment nation of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is current.
  
  At the I-140 petition stage, the employer needs to also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 ways 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 business's earnings is equivalent to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business's net assets amount 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 employer will pick the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker's credentials.
   
   There are several categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need an authorized PERM application or I-140 petition.) The 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 examine it and may ask for additional info or documentation by providing a Demand for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to determine if there is an available green card. The actual permit application can only be filed if the beneficiary's concern date is current, suggesting a permit is right away readily available to the beneficiary.
  
  On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based upon their choice category, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary's top priority date. In the employment-based migration system, employment Congress set a limitation on the number of permits that can be provided each year. That limit is presently 140,000. This means 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 beneficiary's priority date is current, he/she will either go through change of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status involves applying for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically includes having his/her photo and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for eventual production of a green card, work authorization (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 address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the beneficiary's case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.
  
  Consular Processing
  
  Consular processing includes applying for the permit at a U.S. consulate in the beneficiary's home nation. The consular office sets up a visit for the recipient's interview when his/her top 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 used by USCIS to process the Visa Packet and produce the permit. 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 inspect and determine whether to confess the beneficiary into the U.S. If confessed, the recipient will get the green card in the mail. The permit functions as proof of permanent residency in the U.S.