GitLab

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 made complex and prolonged, however for those looking for permanent 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 permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the very first step in the employment-based permit procedure. The process is developed to ensure that there are no certified U.S. workers readily available for the position which the foreign worker will not negatively affect the earnings and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise used employees in a particular occupation in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the particular position, job duties, requirements for the position, the area of desired employment, travel requirements (if any), among other things. The dominating wage is the rate the employer must at least use the long-term position at. It is likewise the rate that should be paid to the staff member once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring company to evaluate the U.S. labor market through various recruitment approaches for "able, ready, qualified, and available" U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment procedure. The company can start marketing (1) while the prevailing 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:

- thirty days job order with the State Workforce Agency serving the location of designated employment;

• Two Sunday print advertisements in a paper of general circulation in the area of desired work, a lot of suitable to the profession and most likely to bring actions from able, willing, qualified, and offered U.S. workers; and
• Notice of Filing to be posted at the task website for a duration of 10 successive organization days.
  
  In addition to the compulsory recruitment pointed out above, the DOL needs 3 extra recruitment efforts to be posted. The employer should pick 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search website
• On-Campus recruiting
• Trade or professional company
• Private employment firms
• Employee recommendation program
• Campus positioning workplace
• Local or ethnic paper; and
• Radio or TV ad
  
  During the recruitment process, the employer might be evaluating resumes and performing 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 made an application for the position, the number who were interviewed, and the factors why they were not hired.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is total, the company can send the PERM application if no certified 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 identifies his/her location in line in the permit visa line.
  
  React To PERM/Labor Certification Audit (if any)
  
  A company is not required to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL typically requires:
  
  - Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
• Copies of applicants' resumes and completed employment applications; and.
• A recruitment report signed by the company describing the recruitment actions carried out and the outcomes attained, the variety of hires, and, if appropriate, the variety of U.S. candidates turned down, summarized by the specific legal occupational factors for such rejections.
  
  If an audit is issued on a case, 3 to 4 months are included 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 certified U.S. employees offered for the position and that the beneficiary will not negatively affect the salaries and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to include the authorized PERM application and evidence of the recipient's qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her top priority date is present.
  
  At the I-140 petition stage, the company needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is provided. There are 3 ways to demonstrate ability to pay:
  
  1. Evidence that the wage paid to the beneficiary is equivalent to or greater than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the business's earnings is equivalent to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company's net assets are equal to or greater than the proffered wage (annual report, income tax return, employment or audited statement).
   
   In addition, it is at this phase that the employer will pick the employment-based choice category for the sponsored position. The classification depends on the minimum requirements for the position that was listed on the PERM application and the employee's qualifications.
   
   There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an approved 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 ask for additional info or documents by providing an Ask for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is authorized, the recipient will examine the Visa Bulletin to identify if there is a readily available permit. The real green card application can only be submitted if the beneficiary's top priority date is existing, implying a permit is instantly available to the beneficiary.
  
  Each month, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a green card has appeared to an applicant based upon their choice category, country of birth, and top priority date. The date the PERM application is filed develops the recipient's priority date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limit is currently 140,000. This means 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 top priority date is existing, he/she will either go through change of status or consular processing to get the permit.
  
  Adjustment of Status
  
  Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient 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 utilized to carry out required security checks and for ultimate creation of a permit, employment permission (work license) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS office to address concerns under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS authorities will evaluate the recipient's case to figure out if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will receive the permit.
  
  Consular Processing
  
  Consular processing involves looking for the green card at a U.S. consulate in the beneficiary's home country. The consular workplace establishes an appointment for the recipient's interview when his/her top priority date ends up being current. 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 determine whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card serves as evidence of permanent residency in the U.S.