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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 enables foreign nationals to live and work completely in the U.S. The process can be complicated and prolonged, however for those seeking permanent residency in the U.S., it is a vital step to attaining that goal. In this post, we will go through the actions of the employment-based green card procedure in detail.
Step 1: PERM/Labor Certification
The PERM/Labor Certification procedure is normally the initial step in the employment-based green card procedure. The procedure is developed to make sure that there are no qualified U.S. workers available for the position and that the foreign employee will not adversely impact the earnings and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM process by drafting the job description for the sponsored position. Once the task information are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the typical wage paid to likewise used employees in a specific occupation in the area of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to a minimum of provide the irreversible position at. It is likewise the rate that needs to be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies need a sponsoring company to check the U.S. labor market through numerous recruitment methods for “able, willing, certified, and offered” U.S. employees. Generally, the company has 2 options when deciding when to start the recruitment process. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.
All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:
– 30 day task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a newspaper of general circulation in the area of desired work, many appropriate to the profession and probably to bring actions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the task website for a period of 10 successive business days.
In addition to the compulsory recruitment mentioned 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 expert company
– Private employment companies
– Employee recommendation program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV ad
During the recruitment process, the company may be reviewing resumes and performing interviews of U.S. workers. The employer needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who applied 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 submit the PERM application if no competent U.S. employees 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 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 filed. Therefore, the DOL implements a quality control procedure in the type of audits to make sure compliance with all PERM policies. In case of an audit, the DOL generally requires:
– Evidence of all recruitment efforts carried out (copies of ads placed and Notice of Filing);.
– Copies of candidates’ resumes and completed work applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes accomplished, the number of hires, and, somalibidders.com if applicable, the variety of U.S. applicants rejected, summarized by the particular legal job-related factors for such rejections.
If an audit is issued on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.
Receive the Approved PERM/Labor Certification
If the PERM application is approved, the company will get it from the DOL. The approved PERM/Labor referall.us Certification verifies that there are no competent U.S. workers readily available for the position which the recipient will not negatively impact the incomes and working conditions of U.S. .
Step 2: I-140 Immigrant Petition
Once the PERM application has been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her concern date is existing.
At the I-140 petition phase, the employer must also show its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 ways 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 business’s earnings amounts to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net properties are equal to or greater than the proffered wage (yearly report, income tax return, or audited financial 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 requirements for the position that was listed on the PERM application and the staff member’s certifications.
There are several 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 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 ask for additional info or paperwork by releasing a Demand for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to determine if there is a readily available green card. The real permit application can just be submitted if the recipient’s top priority date is existing, implying a permit is right away available to the beneficiary.
Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and indicates when a green card has appeared to a candidate based upon their choice category, country of birth, and concern date. The date the PERM application is filed establishes the beneficiary’s concern date. In the employment-based immigration system, Congress set a limit on the number of permits that can be issued each year. That limitation is currently 140,000. This implies that in any given year, the optimum variety of permits that can be released to employment-based candidates and their dependents is 140,000.
Once the beneficiary’s top priority date is existing, he/she will either go through adjustment of status or consular processing to receive the permit.
Adjustment of Status
Adjustment of status involves requesting the green card while in the U.S. After a change of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out required security checks and for eventual development of a permit, work permission (work permit) or advance parole file. The beneficiary may be notified of the date, time, and place for an interview at a USCIS workplace to respond to concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS officials will examine the recipient’s case to identify if it satisfies among the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will get the green card.
Consular Processing
Consular processing includes applying for the permit at a U.S. consulate in the beneficiary’s home country. The consular workplace establishes a visit for the recipient’s interview when his/her top priority date becomes existing. If the consular officer grants the immigrant visa, the recipient 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 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 check and identify whether to confess the beneficiary into the U.S. If admitted, the recipient will get the permit in the mail. The green card acts as proof of irreversible residency in the U.S.