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 permits foreign nationals to live and work permanently in the U.S. The process can be complicated and prolonged, but for those looking for irreversible residency in the U.S., it is a vital action to achieving that goal. In this short article, we will go through the steps of the employment-based green card process in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is normally the primary step in the employment-based permit process. The procedure is designed to make sure that there are no competent U.S. workers available for the position and that the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.
Submit the Prevailing Wage Application
The company starts the PERM procedure by drafting the task description for the sponsored position. Once the task details are finalized, 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 employed employees in a specific profession in the area of intended work. The DOL issues 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 employer must at least offer the long-term position at. It is likewise the rate that must be paid to the worker once the permit is gotten. 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 various recruitment approaches for « able, ready, certified, and available » U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can start advertising (1) while the prevailing 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:
– thirty days job order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print ads in a paper of general flow in the location of designated work, the majority of 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 job site for a period of 10 successive organization days.
In addition to the necessary recruitment discussed above, the DOL requires 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:
– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad
During the recruitment process, the employer might be evaluating resumes and performing interviews of U.S. employees. The company should keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who got the position, the number who were spoken with, and the reasons they were not hired.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the employer can submit the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient’s top priority date and referall.us identifies 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 filed. Therefore, the DOL carries out a quality control procedure in the type of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL usually needs:
– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the results achieved, the variety of hires, somalibidders.com and, if relevant, the variety of U.S. candidates declined, summed up by the specific legal job-related reasons 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 approved, the employer will receive it from the DOL. The approved PERM/Labor Certification validates that there are no competent U.S. employees readily available for the position which the recipient will not adversely impact the salaries and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been authorized, the next action 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 proof of the recipient’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is existing.
At the I-140 petition phase, the employer should likewise demonstrate 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 methods to demonstrate ability to pay:
1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or adremcareers.com 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 monetary declaration).
In addition, it is at this stage that the company will choose the employment-based preference classification for the sponsored position. The classification depends upon the minimum for the position that was listed on the PERM application and the staff member’s credentials.
There are several classifications of employment-based permits, 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 filed, USCIS will examine it and might request extra info or paperwork by releasing an Ask for Evidence (RFE).
Step 3: Permit Application
Once the I-140 immigrant petition is authorized, the beneficiary will examine the Visa Bulletin to figure out if there is an available permit. The real permit application can only be filed if the beneficiary’s concern date is existing, implying a green card is instantly readily available to the beneficiary.
Every month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and suggests when a permit has actually appeared to an applicant based on their choice category, country of birth, and top priority date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be provided each year. That limit is currently 140,000. This indicates that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.
Once the recipient’s priority date is present, he/she will either go through adjustment of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status includes looking for 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 involves having his/her picture and signature taken and being fingerprinted. This information will be used to carry out required security checks and for ultimate development of a permit, employment authorization (work authorization) or advance parole document. The recipient might be alerted of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves using for the green card at a U.S. consulate in the recipient’s home nation. The consular office establishes an appointment 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 recipient will pay a USCIS Immigrant Fee which is utilized 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 examine and figure out whether to confess the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit serves as evidence of permanent residency in the U.S.
