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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 procedure that enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, however for those looking for permanent residency in the U.S., it is a necessary step to accomplishing that objective. In this post, referall.us 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 green card procedure. The procedure is designed to ensure that there are no qualified U.S. workers readily available for the position which the foreign worker will not adversely impact the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are settled, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly used workers in a particular occupation in the area of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of intended work, travel requirements (if any), among other things. The dominating wage is the rate the company need to a minimum of use the irreversible position at. It is also the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM regulations require a sponsoring employer to check the U.S. labor market through different recruitment approaches for “able, ready, qualified, and offered” U.S. workers. Generally, the company has 2 options when deciding when to begin the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.
All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:
– thirty days task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of basic flow in the location of designated work, most appropriate to the profession and more than likely to bring responses from able, prepared, qualified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 successive business days.
In addition to the obligatory recruitment discussed above, the DOL requires 3 additional recruitment efforts to be posted. The company should choose 3 of the following:
– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private work firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment procedure, the employer might be examining resumes and carrying out interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who looked for the position, the number who were interviewed, and the reasons why they were not worked with.
Submit the PERM/Labor Certification Application
After the PWD is provided and recruitment is complete, the company 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 establishes the recipient’s concern date and figures out his/her place in line in the green card visa line.
React To PERM/Labor Certification Audit (if any)
An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the form 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 advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions undertaken and the outcomes attained, the variety of hires, and, if applicable, the number of U.S. applicants declined, summed up by the specific lawful job-related reasons for such rejections.
If an audit is issued 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 company will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. employees offered 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 authorized, the next action is to file 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 recipient’s qualifications for the sponsored position. Please note, depending on the preference classification and country of birth, a beneficiary may be qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is current.
At the I-140 petition phase, the company should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to demonstrate capability to pay:
1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income amounts to or higher than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net possessions amount to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).
In addition, it is at this phase that the company will choose the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the employee’s qualifications.
There are numerous categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications 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 might ask for extra information or documents by providing an Ask for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to figure out if there is a readily available green card. The real green card application can only be submitted if the beneficiary’s top priority date is existing, suggesting a green card is right away offered to the recipient.
Monthly, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based on their choice category, nation of birth, and top priority date. The date the PERM application is submitted establishes the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limit on the variety of permits that can be provided each year. That limit is presently 140,000. This suggests that in any given year, the of green cards that can be released to employment-based applicants and their dependents is 140,000.
Once the beneficiary’s concern date is existing, he/she will either go through change of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status involves obtaining the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which normally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and for eventual development of a green card, work authorization (work license) or advance parole document. The beneficiary may be informed of the date, time, and location for an interview at a USCIS workplace to answer concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will evaluate the recipient’s case to identify if it fulfills among the exceptions. If the interview is successful and USCIS approves the application, the recipient will receive the green card.
Consular Processing
Consular processing involves getting the permit at a U.S. consulate in the recipient’s home country. The consular workplace establishes an appointment for the beneficiary’s interview when his/her concern date ends up being existing. 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 green card. The beneficiary 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 beneficiary into the U.S. If admitted, the recipient will get the green card in the mail. The green card serves as evidence of irreversible residency in the U.S.