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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit procedure is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking irreversible residency in the U.S., it is an important step to achieving that objective. In this post, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the initial step in the employment-based permit process. The procedure is designed to guarantee that there are no competent U.S. workers readily available for the position which the foreign employee will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the task details are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly employed employees in a particular occupation in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the particular position, task tasks, requirements for the position, the location of intended work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company should a minimum of provide the irreversible position at. It is also the rate that should be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through various recruitment techniques for “able, ready, qualified, and readily available” U.S. workers. Generally, the company has 2 choices when deciding when to begin the recruitment procedure. The employer can start marketing (1) while the prevailing wage application is pending or (2) after the PWD is issued.

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

– 1 month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print ads in a newspaper of basic circulation in the location of intended employment, most suitable to the occupation and most likely to bring actions from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be posted at the job site for referall.us a period of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The company should select 3 of the following:

– Job Fairs
– Employer’s business website
Job search site
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company might be examining resumes and performing interviews of U.S. workers. The company needs to keep in-depth records of their recruitment efforts, including the number of U.S. employees who got the position, the number who were talked to, and the that they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the company can send 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 concern date and identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the form of audits to ensure compliance with all PERM regulations. In the occasion of an audit, the DOL normally requires:

– Evidence of all recruitment efforts carried out (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. applicants declined, summed up by the specific legal job-related factors for such rejections.

If an audit is released 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 authorized, the company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position which the beneficiary will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the authorized PERM application and evidence of the recipient’s qualifications for the sponsored position. Please note, depending upon the choice classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is present.

At the I-140 petition phase, the company must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed 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 beneficiary amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equal to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net possessions are equivalent to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the employer 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 worker’s credentials.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some classifications might not need 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 review it and might request extra information or documentation by releasing a Demand for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The real green card application can only be submitted if the recipient’s priority date is current, suggesting a green card is immediately offered to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a permit has become offered to an applicant based on their choice classification, nation of birth, and top priority date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limit is currently 140,000. This implies that in any given year, the maximum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.

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

Adjustment of Status

Adjustment of status includes requesting 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 typically includes having his/her image and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for ultimate creation of a permit, work permission (work permit) or advance parole file. The recipient might be notified of the date, time, and area for an interview at a USCIS office to respond to concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to determine if it meets one of the exceptions. If the interview achieves success and USCIS approves the application, the recipient will receive the green card.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes an appointment for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 determine whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card functions as proof of long-term residency in the U.S.

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