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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 process that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, but for those seeking long-term residency in the U.S., it is an essential action to attaining that objective. In this short article, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the first step in the employment-based permit process. The process is designed to guarantee that there are no qualified U.S. employees offered for the position and that the foreign worker will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by preparing the job description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise used workers in a particular profession in the area of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer need to at least use the long-term position at. It is likewise the rate that must be paid to the employee once the green card is received. 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 various recruitment methods for “able, willing, qualified, and available” U.S. workers. Generally, the employer has 2 choices when deciding when to start the recruitment process. The company can start marketing (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:

– 1 month task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print ads in a newspaper of basic circulation in the location of intended employment, many appropriate to the profession and most likely to bring responses from able, willing, qualified, and available U.S. workers; and
– Notice of Filing to be published at the task website for a duration of 10 successive service days.

In addition to the necessary recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The company needs to pick 3 of the following:

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

During the recruitment process, the employer might be reviewing resumes and carrying out interviews of U.S. workers. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. workers who looked for 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 provided and recruitment is complete, the employer can send the PERM application if no certified 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 top priority date and figures out his/her place in line in the permit visa queue.

Respond 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 executes a quality control process in the kind of audits to make sure compliance with all PERM policies. In the event of an audit, the DOL normally needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. candidates turned down, summarized by the particular lawful occupational factors for such rejections.

If an audit is provided 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 authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees offered for the position and that the recipient will not adversely 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 action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.

At the I-140 petition stage, the company needs to likewise show its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to demonstrate capability 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 business’s net earnings amounts to or greater than the proffered wage (yearly report, tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties are equal to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this phase that the company will select the employment-based preference category for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s qualifications.

There are several classifications of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not need an approved 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 referall.us 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 request additional info or documents by releasing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the recipient will inspect the Visa Bulletin to identify if there is an offered permit. The actual green card application can only be filed if the recipient’s priority date is current, suggesting a permit is right away offered to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a permit has appeared to a candidate based upon their choice classification, nation of birth, and priority date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based migration system, Congress set a limit on the number of green cards that can be released each year. That limitation is presently 140,000. This indicates that in any given year, the maximum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s priority date is present, he/she will either go through adjustment of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves applying for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which generally involves having his/her image and signature taken and being fingerprinted. This details will be utilized to carry out necessary security checks and for production of a permit, employment authorization (work permit) or advance parole document. The beneficiary might be informed of the date, time, and somalibidders.com place for an interview at a USCIS workplace to respond to concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary’s case to determine if it fulfills among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes requesting the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up an appointment for the beneficiary’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is provided 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 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 determine whether to admit the recipient into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card serves as proof of irreversible residency in the U.S.