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 allows foreign nationals to live and work permanently in the U.S. The process can be made complex and prolonged, but for those looking for long-term residency in the U.S., it is a vital step to attaining that objective. In this article, we will go through the steps of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the very first step in the employment-based permit process. The procedure is created to ensure that there are no qualified U.S. workers readily 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 process by preparing the task description for the sponsored position. Once the task details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to similarly utilized workers in a particular occupation in the location of desired employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of intended employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer must a minimum of provide the irreversible position at. It is likewise the rate that should be paid to the employee once the permit 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 evaluate the U.S. labor market through numerous recruitment methods for “able, ready, certified, and readily available” U.S. employees. Generally, the employer has 2 alternatives when deciding when to start the recruitment procedure. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:

– one month task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a newspaper of general blood circulation in the area of desired work, the majority of proper to the occupation and more than likely to bring responses from able, prepared, certified, and offered U.S. employees; and
– Notice of Filing to be posted at the job site for a duration of 10 successive service days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be published. The employer should choose 3 of the following:

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

During the recruitment process, the company may be reviewing resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, including the number of U.S. employees who made an application for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the company can send the PERM application if no certified U.S. workers were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient’s top priority date and employment identifies his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

A company is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the type of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts carried out (copies of ads positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the company describing the recruitment steps carried out and the results achieved, the number of hires, and, if suitable, the number of U.S. candidates turned down, summarized by the particular lawful occupational reasons for such rejections.

If an audit is provided 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 employer will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers available for the position which the beneficiary will not negatively affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, 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 beneficiary’s qualifications for the sponsored position. Please note, depending upon the preference classification and employment country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is existing.

At the I-140 petition phase, the employer needs to also demonstrate its ability to pay the recipient 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 capability to pay:

1. Evidence that the wage paid to the recipient is equal to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net assets amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary declaration).

In addition, it is at this stage that the company will select 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 certifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The categories 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 evaluate it and may ask for additional details or documentation by issuing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to determine if there is a readily available green card. The actual permit application can just be filed if the recipient’s concern date is present, suggesting a green card is immediately offered to the recipient.

Each month, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a green card has become offered to a candidate based upon their preference category, nation of birth, and top 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 number of permits that can be provided each year. That limit is currently 140,000. This suggests that in any given year, the maximum number of permits that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is present, he/she will either go through modification of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which generally involves having his/her photo and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for eventual development of a permit, work permission (work license) or advance parole file. The beneficiary might be alerted of the date, time, and employment area for an interview at a USCIS office to answer concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the recipient’s case to determine if it fulfills one of the exceptions. If the interview achieves success and USCIS approves the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the recipient’s home country. The sets up a consultation for the recipient’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used 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 check and determine whether to confess the beneficiary into the U.S. If confessed, the recipient will get the permit in the mail. The permit functions as evidence of long-term residency in the U.S.