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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, however for those seeking irreversible residency in the U.S., it is a necessary step to attaining that objective. In this article, 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 usually the initial step in the employment-based permit procedure. The procedure is designed to guarantee that there are no qualified U.S. workers readily available for the position which the foreign employee will not negatively impact the wages and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The employer begins the PERM process by drafting the task description for the sponsored position. Once the job 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 likewise employed workers in a specific occupation in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer should at least provide the long-term position at. It is likewise the rate that needs to be paid to the employee once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines require a sponsoring employer to evaluate the U.S. labor market through different recruitment techniques for “able, ready, qualified, and readily available” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The company can start advertising (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 designated employment;
– Two Sunday print ads in a paper of basic blood circulation in the location of designated employment, the majority of appropriate to the occupation and most likely to bring reactions from able, willing, qualified, and available U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 successive business days.
In addition to the necessary recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The employer needs to choose 3 of the following:
– Job Fairs
– Employer’s business site
– Job search website
recruiting
– Trade or expert company
– Private employment firms
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment procedure, the employer may be examining resumes and carrying out interviews of U.S. workers. The company needs to keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who got the position, the number who were interviewed, and the factors why they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is released and referall.us recruitment is complete, the employer can submit 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 priority date and figures out his/her location in line in the permit visa line.
Respond to PERM/Labor Certification Audit (if any)
An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the type of audits to make sure compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:
– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished 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 suitable, the variety of U.S. applicants declined, summarized 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 overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is authorized, the company will get it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. employees available for the position which the recipient will not adversely affect the salaries and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her priority date is existing.
At the I-140 petition stage, the employer needs to likewise demonstrate its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to demonstrate capability to pay:
1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net possessions amount 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 on the minimum requirements for the position that was noted on the PERM application and the employee’s credentials.
There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories might not need an authorized PERM application or I-140 petition.) The categories consist 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 submitted, USCIS will examine it and may ask for extra information or paperwork by providing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is approved, the recipient will check the Visa Bulletin to identify if there is a readily available green card. The actual green card application can only be submitted if the beneficiary’s top priority date is existing, indicating a green card is instantly readily available to the beneficiary.
Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a green card has become offered to an applicant based on their preference category, country of birth, and priority date. The date the PERM application is filed develops the recipient’s top priority date. In the employment-based migration system, Congress set a limit on the variety of permits that can be issued each year. That limitation is currently 140,000. This suggests 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 concern date is present, he/she will either go through adjustment of status or consular processing to get the permit.
Adjustment of Status
Adjustment of status includes obtaining the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for eventual creation of a green card, work authorization (work permit) or advance parole file. The recipient may be notified of the date, time, and location for somalibidders.com an interview at a USCIS workplace to respond to questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will review the beneficiary’s case to figure out if it meets among the exceptions. If the interview is effective and USCIS approves the application, the recipient will receive the permit.
Consular Processing
Consular processing includes making an application for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a consultation for the beneficiary’s interview when his/her priority date becomes existing. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used 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 figure out whether to admit the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The permit functions as evidence of long-term residency in the U.S.