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Founded Date July 15, 1945
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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC
The employment-based green card procedure is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, but for employment those looking for permanent residency in the U.S., it is a necessary action to achieving 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 generally the initial step in the employment-based permit process. The process is designed to ensure that there are no competent U.S. employees readily available for the position and that the foreign employee will not negatively affect the incomes and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer begins the PERM process by drafting the job description for the sponsored position. Once the job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly used workers in a specific occupation in the area of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task tasks, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company need to a minimum of use the long-term position at. It is likewise the rate that should be paid to the worker once the green card is . Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM guidelines need a sponsoring company to check the U.S. labor market through different recruitment techniques for “able, ready, qualified, and available” U.S. employees. Generally, the employer has 2 alternatives when deciding when to start the recruitment procedure. The company can start advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.
All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:
– 1 month job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print advertisements in a paper of basic flow in the area of designated work, a lot of appropriate to the profession and more than likely to bring reactions from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be published at the job site for a period of 10 successive business days.
In addition to the compulsory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The company should pick 3 of the following:
– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV ad
During the recruitment process, the company may be reviewing resumes and performing interviews of U.S. workers. The company should keep detailed records of their recruitment efforts, including the variety of U.S. employees who applied for the position, the number who were talked to, and the reasons why they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the employer can send 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 submitted develops the beneficiary’s top priority date and figures out his/her place in line in the green card visa queue.
Respond to PERM/Labor Certification Audit (if any)
An employer is not required to submit supporting documents when a PERM application is submitted. Therefore, the DOL executes a quality control procedure in the form of audits to make sure compliance with all PERM guidelines. In the occasion of an audit, the DOL generally requires:
– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the outcomes achieved, the number of hires, and, if applicable, the number of U.S. applicants rejected, summed up by the specific lawful 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 receive it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees readily available for the position which the beneficiary will not negatively impact the wages and working conditions of U.S. employees.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been authorized, the next action is to submit 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 beneficiary’s credentials for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her priority date is present.
At the I-140 petition stage, the employer needs to likewise demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is submitted 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 recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income is equivalent to or greater than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties are equal to or higher than the proffered wage (yearly report, employment tax return, or audited monetary declaration).
In addition, it is at this stage that the employer will choose the employment-based preference classification 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 permits, employment and each has its own set of requirements. (Please note, some categories might not require an authorized PERM application or I-140 petition.) The classifications 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 evaluate it and may request additional details or documentation by providing an Ask for Evidence (RFE).
Step 3: Green Card Application
Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to determine if there is an offered permit. The actual green card application can just be submitted if the recipient’s concern date is existing, meaning a green card is right away readily available to the recipient.
Monthly, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and indicates when a green card has ended up being readily available to an applicant based on their choice category, nation of birth, and top 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 variety of green cards that can be issued each year. That limit is currently 140,000. This indicates that in any given year, the maximum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.
Once the recipient’s top priority date is present, he/she will either go through change of status or consular processing to receive the green card.
Adjustment of Status
Adjustment of status involves making an application for the permit while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually involves having his/her image and signature taken and being fingerprinted. This information will be used to perform required security checks and for ultimate creation of a green card, employment authorization (work license) or advance parole file. The beneficiary might be alerted of the date, time, and area 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 review the recipient’s case to identify if it fulfills among the exceptions. If the interview is effective and USCIS authorizes the application, the beneficiary will get the green card.
Consular Processing
Consular processing involves making an application for the permit at a U.S. consulate in the recipient’s home country. The consular workplace sets up a consultation for the recipient’s interview when his/her concern date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 check and identify whether to confess the recipient into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit serves as proof of long-term residency in the U.S.