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The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those seeking long-term residency in the U.S., it is a necessary step to achieving that goal. In this post, 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 generally the very first step in the employment-based green card procedure. The procedure is created to guarantee that there are no certified U.S. employees offered for the position and that the foreign worker will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the task description for the sponsored position. Once the task details are finalized, a prevailing wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the average wage paid to similarly utilized workers in a particular profession in the location of desired employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should a minimum of provide the long-term position at. It is likewise the rate that must be paid to the worker once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for "able, willing, qualified, and available" U.S. workers. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

- 1 month job order with the State Workforce Agency serving the area of designated work;

• Two Sunday print advertisements in a paper of basic blood circulation in the location of intended employment, most proper to the occupation and probably to bring responses from able, ready, qualified, and readily available U.S. employees; and
• Notice of Filing to be published at the job website for a period of 10 consecutive business days.
  
  In addition to the necessary recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer should select 3 of the following:
  
  - Job Fairs
• Employer's company website
• Job search website
• On-Campus recruiting
• Trade or professional organization
• Private work companies
• Employee referral program
• Campus placement workplace
• Local or ethnic paper; and
• Radio or TV ad
  
  During the recruitment process, the company might be evaluating resumes and conducting interviews of U.S. employees. The company 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 spoken with, and the reasons they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is complete, the employer can submit the PERM application if no qualified 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 establishes the beneficiary's top priority date and figures out his/her location in line in the permit visa queue.
  
  React 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 assurance process in the form of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL normally requires:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
• Copies of candidates' resumes and completed work applications; and.
• A recruitment report signed by the employer describing the recruitment steps undertaken and the outcomes attained, the number of hires, and, if relevant, the number of U.S. candidates rejected, summed up by the particular legal job-related factors for such rejections.
  
  If an audit is released 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 approved, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. workers readily available for the position and that the recipient will not adversely affect the wages and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the beneficiary's certifications for the sponsored position. Please note, depending upon the choice category and country of birth, a recipient might be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her concern date is current.
  
  At the I-140 petition stage, the company must likewise show its ability 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 demonstrate ability to pay:
  
  1. Evidence that the wage paid to the beneficiary amounts to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company's earnings is equal to or greater than the proffered wage (yearly 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 (annual report, tax return, or audited monetary declaration).
   
   In addition, it is at this phase that the employer will select the employment-based preference classification for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and king-wifi.win the staff member'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 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 evaluate it and may request extra information or paperwork by providing an Ask for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the beneficiary will inspect the Visa Bulletin to determine if there is an available green card. The actual permit application can just be submitted if the recipient's priority date is current, suggesting a green card is immediately available to the recipient.
  
  Each month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and shows when a green card has actually appeared to a candidate based on their choice category, nation of birth, and priority date. The date the PERM application is filed develops the beneficiary's concern date. In the employment-based immigration system, set a limit on the variety of permits 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 priority date is existing, he/she will either go through change of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status includes getting the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her image and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for ultimate production of a green card, employment permission (work permit) or advance parole file. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS workplace to answer questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will evaluate the beneficiary's case to figure out if it fulfills among the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.
  
  Consular Processing
  
  Consular processing involves requesting the permit at a U.S. consulate in the beneficiary's home country. The consular office sets up a consultation for the beneficiary's interview when his/her concern 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 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 beneficiary into the U.S. If confessed, the beneficiary will get the permit in the mail. The permit works as evidence of irreversible residency in the U.S.