GitLab

The employment-based green card procedure is a multi-step process that allows foreign nationals to live and work completely in the U.S. The process can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is an important 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 procedure is usually the initial step in the employment-based permit process. The procedure is designed to guarantee that there are no qualified U.S. available for the position and that the foreign worker will not adversely impact the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job information are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to likewise used employees in a particular profession in the area of intended work. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, job tasks, requirements for the position, the location of desired employment, travel requirements (if any), among other things. The prevailing wage is the rate the employer must at least provide the long-term position at. It is also the rate that should be paid to the staff member once the permit is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring employer to evaluate the U.S. labor market through different recruitment approaches for "able, ready, certified, and offered" U.S. workers. Generally, the employer has 2 alternatives 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 issued.

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

- thirty days job order with the State Workforce Agency serving the location of desired work;

• Two Sunday print ads in a newspaper of general blood circulation in the area of intended work, most proper to the profession and most likely to bring responses from able, willing, certified, and offered U.S. workers; and
• Notice of Filing to be published at the task website for a duration of 10 consecutive service days.
  
  In addition to the obligatory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company should choose 3 of the following:
  
  - Job Fairs
• Employer's business website
• Job search site
• On-Campus recruiting
• Trade or expert organization
• Private work companies
• Employee recommendation program
• Campus placement office
• Local or ethnic paper; and
• Radio or TV advertisement
  
  During the recruitment procedure, the company might be evaluating resumes and performing interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who got the position, the number who were spoken with, and the factors why they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is released and recruitment is total, the company can send the PERM application if no competent U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient's priority date and determines his/her location in line in the permit visa line.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not needed to send supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control procedure in the form of audits to ensure compliance with all PERM guidelines. 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 applicants' resumes and completed employment applications; and.
• A recruitment report signed by the employer explaining the recruitment steps carried out and the results attained, the number of hires, and, if relevant, the number of U.S. applicants declined, summed up by the specific lawful job-related factors 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 company will receive it from the DOL. The approved PERM/Labor Certification verifies that there are no qualified U.S. workers offered for the position and that the recipient will not adversely 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and evidence of the recipient's qualifications for the sponsored position. Please note, depending on the choice classification and nation of birth, a beneficiary may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is current.
  
  At the I-140 petition stage, the employer should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to show capability to pay:
  
  1. Evidence that the wage paid to the beneficiary is equal 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 declaration); OR.
3. Evidence that the business's net properties amount to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).
   
   In addition, it is at this stage that the employer will pick the employment-based choice 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 credentials.
   
   There are numerous categories of employment-based green cards, and each has its own set of requirements. (Please note, some classifications may not require an approved 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 review it and may ask for additional details or paperwork by releasing an Ask for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is a readily available green card. The real permit application can only be submitted if the beneficiary's concern date is present, suggesting a green card is immediately offered to the recipient.
  
  Monthly, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a permit has actually become offered to a candidate based on their preference category, country of birth, and concern date. The date the PERM application is submitted develops the beneficiary's concern date. In the employment-based migration system, Congress set a limit on the variety of green cards that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the optimum variety of permits that can be released to employment-based applicants and their dependents is 140,000.
  
  Once the recipient's priority date is present, he/she will either go through modification of status or consular processing to get the green card.
  
  Adjustment of Status
  
  Adjustment of status involves obtaining the green card while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for eventual creation of a green card, employment authorization (work license) or advance parole file. The beneficiary may be alerted of the date, time, employment and location for an interview at a USCIS workplace to address concerns under oath or affirmation regarding 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 achieves success and USCIS approves the application, the recipient will receive the permit.
  
  Consular Processing
  
  Consular processing includes obtaining the green card at a U.S. consulate in the recipient's home country. The consular workplace establishes an appointment for the beneficiary's interview when his/her priority date becomes current. 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 provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and figure out whether to confess the recipient into the U.S. If confessed, the recipient will get the green card in the mail. The green card acts as proof of long-term residency in the U.S.