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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 permits foreign nationals to live and work completely in the U.S. The procedure can be complicated and prolonged, however for those looking for permanent residency in the U.S., it is a vital action to achieving that goal. In this post, we will go through the steps of the employment-based permit process in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is typically the primary step in the employment-based permit procedure. The procedure is designed to guarantee that there are no competent U.S. workers readily 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 begins the PERM process by drafting the task description for the sponsored position. Once the job information are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used employees in a specific profession in the location of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the location of designated work, travel requirements (if any), amongst other things. The dominating wage is the rate the employer must a minimum of use the permanent position at. It is likewise the rate that must be paid to the worker once the green card is received. 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 various recruitment techniques for “able, prepared, certified, and readily available” U.S. employees. Generally, the company has 2 choices when choosing when to begin the recruitment procedure. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
– one month task order with the State Workforce Agency serving the area of desired work;
– Two Sunday print advertisements in a newspaper of general blood circulation in the location of intended employment, the majority of proper to the profession and probably to bring reactions from able, willing, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 consecutive business days.
In addition to the obligatory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The employer needs to pick 3 of the following:
– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment procedure, the company might be evaluating resumes and carrying out interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, employment including the variety of U.S. employees who applied for the position, the number who were interviewed, and the reasons that they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is total, the company can send the PERM application if no competent 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 establishes the beneficiary’s top priority date and determines his/her location in line in the permit visa line.
React To PERM/Labor Certification Audit (if any)
An employer is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the type of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL normally needs:
– Evidence of all recruitment efforts undertaken (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps carried out and the outcomes accomplished, the number of hires, and, if suitable, the number of U.S. applicants turned down, summed up by the particular lawful occupational reasons for such rejections.
If an audit is provided 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 authorized, the employer will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. employees available for the position which the recipient will not adversely affect the salaries and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has been authorized, 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 recipient’s qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is present.
At the I-140 petition stage, the employer needs to likewise show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to demonstrate capability to pay:
1. Evidence that the wage paid to the beneficiary amounts to or employment greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income is equal to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties are equal to or higher than the proffered wage (yearly report, income tax return, or audited financial statement).
In addition, it is at this phase that the company will select 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 worker’s certifications.
There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an approved PERM application or I-140 petition.) The categories 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 might ask for additional details or documentation by providing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to figure out if there is an available green card. The real green card application can only be submitted if the beneficiary’s priority date is existing, suggesting a permit is right away readily available to the recipient.
On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and shows when a permit has actually become readily available to a candidate based on their choice category, employment nation of birth, and priority date. The date the PERM application is filed establishes the recipient’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be released each year. That limitation is presently 140,000. This suggests that in any given year, the maximum variety of permits that can be released to employment-based candidates and their dependents is 140,000.
Once the recipient’s concern date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status involves using for employment the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is alerted 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 conduct required security checks and for ultimate development of a green card, employment permission (work license) or advance parole file. The recipient might be notified of the date, time, and place for an interview at a USCIS office to respond to concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will review the recipient’s case to determine if it fulfills among the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the green card.
Consular Processing
Consular processing includes getting the green card at a U.S. consulate in the recipient’s home nation. The consular office sets up a visit for the recipient’s interview when his/her top date ends up being current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The beneficiary will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and figure out whether to admit the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit works as proof of long-term residency in the U.S.