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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 completely in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is an essential action to attaining that goal. In this post, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the initial step in the employment-based green card procedure. The process is designed to ensure that there are no qualified U.S. workers offered for the position which the foreign employee will not adversely affect the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise used employees in a specific profession in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of designated work, travel requirements (if any), among other things. The dominating wage is the rate the company need to a minimum of use the permanent position at. It is likewise the rate that needs to be paid to the employee once the green card is gotten. 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 numerous recruitment methods for “able, prepared, qualified, and readily available” U.S. employees. Generally, the company has 2 options when choosing when to start 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 a professional or non-professional occupation, require the following recruitment efforts:

– thirty days task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print ads in a paper of basic flow in the area of desired work, most suitable to the occupation and probably to bring reactions from able, ready, qualified, and readily available U.S. workers; and
– Notice of Filing to be posted at the task website for a period of 10 successive organization days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be published. The company should choose 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private employment companies
– Employee referral program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be evaluating resumes and conducting interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no qualified 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 filed develops the recipient’s concern date and referall.us determines his/her place in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL generally requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps undertaken and the outcomes achieved, the number of hires, and, if appropriate, the variety of U.S. candidates turned down, summarized by the particular lawful job-related reasons for such rejections.

If an audit is released on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The approved PERM/Labor Certification confirms that there are no certified U.S. workers available for the position and that the beneficiary will not negatively impact the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step 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 evidence of the recipient’s certifications for the sponsored position. Please note, depending on the choice category and nation of birth, a recipient might be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition phase, the company should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is issued. There are 3 methods to show 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, tax return, or audited financial statement); OR.
3. Evidence that the business’s net possessions are equivalent to or higher than the (yearly report, tax return, or audited financial declaration).

In addition, it is at this phase that the company will choose the employment-based choice classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some classifications might not require an approved 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 filed, USCIS will examine it and may request additional details or documentation by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to identify if there is an available permit. The real permit application can just be filed if the beneficiary’s concern date is current, meaning a green card is instantly offered to the recipient.

Every month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and suggests when a green card has actually become available to a candidate based upon their choice classification, country of birth, and concern date. The date the PERM application is filed develops the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limit is currently 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 priority date is present, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This info will be used to carry out necessary security checks and for eventual production of a permit, work authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will review the recipient’s case to identify if it satisfies among the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home nation. The consular office sets up an appointment for the beneficiary’s interview when his/her priority date becomes existing. 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 inspect and figure out whether to admit the recipient 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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