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Founded Date March 3, 1970
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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 procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those looking for irreversible residency in the U.S., it is an essential step to attaining that goal. In this article, we will go through the steps of the employment-based green card procedure in information.
Step 1: PERM/Labor Certification
The PERM/Labor Certification process is normally the primary step in the employment-based permit process. The process is designed to make sure that there are no qualified U.S. workers available for the position and that the foreign employee will not negatively affect the salaries and working conditions of U.S. employees.
Submit the Prevailing Wage Application
The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the task information are settled, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed workers in a particular profession in the area of designated work. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job responsibilities, requirements for employment the position, the location of intended employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to a minimum of use the long-term position at. It is also the rate that needs to be paid to the worker once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.
Conduct the Recruitment Process
PERM policies require a sponsoring company to evaluate the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and readily available” U.S. employees. Generally, the company has 2 options when choosing when to begin the recruitment process. The company can start marketing (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 profession, need the following recruitment efforts:
– thirty days job order with the State Workforce Agency serving the location of designated employment;
– Two Sunday print ads in a newspaper of basic circulation in the location of intended employment, many proper to the profession and most likely to bring responses from able, willing, qualified, and offered U.S. employees; and
– Notice of Filing to be posted at the task website for a period of 10 successive organization days.
In addition to the obligatory recruitment discussed above, the DOL needs 3 additional recruitment efforts to be posted. The company must pick 3 of the following:
– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV advertisement
During the recruitment process, the company may be reviewing resumes and conducting interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were spoken with, and the reasons why they were not employed.
Submit the PERM/Labor Certification Application
After the PWD is issued and recruitment is complete, the company can submit the PERM application if no qualified 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 establishes the recipient’s concern date and figures out his/her location in line in the permit visa line.
Respond to PERM/Labor Certification Audit (if any)
An employer is not needed to submit supporting paperwork when a is filed. Therefore, the DOL implements a quality assurance procedure in the kind of audits to make sure compliance with all PERM regulations. In case of an audit, the DOL generally requires:
– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment actions undertaken and the results attained, the number of hires, and, if relevant, the number of U.S. candidates turned down, summarized by the particular legal job-related factors for such rejections.
If an audit is provided on a case, 3 to 4 months are added to the total 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 confirms that there are no competent U.S. workers available for the position which the recipient will not adversely impact the incomes and working conditions of U.S. workers.
Step 2: I-140 Immigrant Petition
Once the PERM application has actually been approved, the next action is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of 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 beneficiary might be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her top priority date is present.
At the I-140 petition phase, the employer should likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 ways to show ability 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 earnings amounts to or greater than the proffered wage (annual report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties amount to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration).
In addition, employment it is at this stage that the employer will pick the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the worker’s certifications.
There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications might 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 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 ask for extra details or documents by issuing a Request 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 real green card application can only be submitted if the recipient’s concern date is present, implying a green card is instantly available to the beneficiary.
On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (permit) numbers and shows when a permit has ended up being offered to an applicant based upon their choice category, nation of birth, and 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 variety of permits that can be issued each year. That limitation is currently 140,000. This indicates that in any given year, the optimum variety of green cards that can be released 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 an adjustment of status application is submitted (Form I-485), the recipient is notified to appear at an Application Support Center for biometrics collection, which generally includes having his/her image and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for eventual development of a permit, employment permission (work permit) or advance parole document. The recipient may be alerted of the date, employment time, and place for an interview at a USCIS office to respond to questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will evaluate the recipient’s case to figure out if it meets one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the permit.
Consular Processing
Consular processing involves getting the permit at a U.S. consulate in the recipient’s home country. The consular office establishes a consultation for the recipient’s interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the recipient is given 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 recipient 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 beneficiary into the U.S. If admitted, employment the beneficiary will get the green card in the mail. The green card serves as proof of permanent residency in the U.S.