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 permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and lengthy, however for those looking for long-term residency in the U.S., it is a necessary step to achieving that goal. In this article, we will go through the actions of the employment-based permit process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is usually the initial step in the employment-based permit procedure. The process is created to guarantee that there are no competent U.S. workers readily available for the position which the foreign worker will not negatively impact the wages and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM process by drafting the job description for the sponsored position. Once the job details are settled, a prevailing wage is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise employed workers in a specific occupation in the location of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the particular position, job duties, 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 need to at least provide the long-term position at. It is also the rate that should be paid to the employee once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies require a sponsoring company to test the U.S. labor market through different recruitment techniques for "able, ready, qualified, and available" U.S. workers. Generally, the employer has 2 alternatives 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 released.
All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:
- 30 day task order with the State Workforce Agency serving the area of intended work;
- Two Sunday print advertisements in a paper of general blood circulation in the area of desired employment, many proper to the occupation and most likely to bring responses from able, willing, qualified, and available U.S. workers; and
- Notice of Filing to be posted at the job site for a period of 10 consecutive service days.
In addition to the obligatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company should pick 3 of the following:
- Job Fairs - Employer's company website
- Job search website
- On-Campus recruiting
- Trade or expert organization
- Private employment companies
- Employee recommendation program
- Campus placement office
- Local or ethnic newspaper; and
- Radio or TV advertisement
During the recruitment process, the company may be evaluating resumes and performing interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were interviewed, and the reasons they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the company can submit 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 filed develops the beneficiary's top priority date and identifies his/her location in line in the green card visa queue.
React To PERM/Labor Certification Audit (if any)
A company is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL executes a quality control process in the kind of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL normally requires:
- Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);. - Copies of candidates' resumes and completed employment applications; and.
- A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the variety of hires, and, if relevant, the number of U.S. applicants turned down, summarized by the specific legal job-related factors for such rejections.
If an audit is released on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees readily available for the position and that the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.
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 must consist of the authorized 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 may be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is existing.
At the I-140 petition phase, the employer must likewise show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 methods 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);.
- Evidence that the business's earnings is equal to or greater than the proffered wage (yearly report, employment tax return, or audited monetary statement); OR.
- Evidence that the business's net properties are equal to or greater than the proffered wage (annual report, tax return, or audited financial statement).
In addition, it is at this stage that the company will pick 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 staff member's qualifications.
There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an authorized PERM application or I-140 petition.) The classifications include:
- 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 extra details or paperwork by providing a Demand for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is a readily available green card. The actual green card application can just be filed if the recipient's concern date is current, indicating a permit is immediately offered to the beneficiary.
On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and indicates when a green card has actually ended up being available to a candidate based on their preference classification, nation of birth, and top priority date. The date the PERM application is submitted develops the recipient's concern date. In the employment-based migration system, Congress set a limit on the variety of permits that can be released each year. That limit is currently 140,000. This indicates that in any given year, the maximum variety of green cards that can be provided 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 change of status or consular processing to get the permit.
Adjustment of Status
Adjustment of status involves obtaining the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her photo and signature taken and being fingerprinted. This information will be utilized to conduct required security checks and for ultimate development of a green card, employment permission (work license) or advance parole file. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary's case to identify if it meets among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the permit.
Consular Processing
Consular processing includes requesting the green card at a U.S. consulate in the beneficiary's home nation. The consular office sets up a visit for the beneficiary's interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is provided 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 recipient 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 admit the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The permit serves as evidence of irreversible residency in the U.S.