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The employment-based green card procedure is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, but for those seeking long-term residency in the U.S., it is an important action to achieving that goal. In this short article, we will go through the steps of the employment-based green card procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is generally the primary step in the employment-based green card procedure. The procedure is created to ensure that there are no competent U.S. employees readily available for the position and that the foreign worker will not negatively impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the for the sponsored position. Once the task information are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to similarly employed workers in a particular occupation in the location of desired work. The DOL problems a Prevailing Wage Determination (PWD) based on the particular position, task responsibilities, requirements for the position, the area of designated work, travel requirements (if any), among other things. The dominating wage is the rate the employer need to a minimum of offer the long-term position at. It is also the rate that needs to be paid to the employee once the green card 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 different recruitment approaches for "able, willing, certified, and readily available" U.S. workers. Generally, the company has 2 options when choosing when to begin the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for a professional or non-professional occupation, need the following recruitment efforts:

- 30 day task order with the State Workforce Agency serving the location of desired work;

• Two Sunday print advertisements in a paper of basic blood circulation in the location of designated work, many suitable to the occupation and more than likely to bring actions from able, ready, qualified, and offered U.S. employees; and
• Notice of Filing to be posted at the job website for a period of 10 successive service days.
  
  In addition to the obligatory recruitment pointed out above, the DOL requires 3 additional 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 expert company
• Private employment companies
• Employee recommendation program
• Campus positioning workplace
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment procedure, the company may be evaluating resumes and performing interviews of U.S. employees. The company must keep detailed records of their recruitment efforts, including the number of U.S. employees who obtained the position, the number who were interviewed, and the factors why they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is provided and recruitment is total, the company can send the PERM application if no certified 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 concern date and identifies his/her place in line in the green card visa line.
  
  Respond to PERM/Labor Certification Audit (if any)
  
  A company is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality control process in the type of audits to make sure compliance with all PERM regulations. In the event of an audit, the DOL usually requires:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements positioned and employment Notice of Filing);.
• Copies of applicants' resumes and finished work applications; and.
• A recruitment report signed by the company describing the recruitment steps carried out and the results accomplished, the variety of hires, and, if suitable, the number of U.S. applicants declined, summarized by the specific legal job-related factors for such rejections.
  
  If an audit is released 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification verifies that there are no certified U.S. employees offered for the position which the beneficiary will not adversely impact the earnings 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 qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her concern date is existing.
  
  At the I-140 petition phase, the employer should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to demonstrate capability to pay:
  
  1. Evidence that the wage paid to the recipient is equal to or employment higher than the proffered wage (pay-stubs, W-2s);.

2. Evidence that the company'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 business's net properties are equivalent to or higher than the proffered wage (annual report, tax return, or audited monetary declaration).
   
   In addition, it is at this stage 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 noted on the PERM application and the staff member's qualifications.
   
   There are several 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 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 submitted, employment USCIS will examine it and may ask for additional information or documentation by providing an Ask for Evidence (RFE).
  
  Step 3: Green Card 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 actual permit application can only be submitted if the recipient's top priority date is present, suggesting a green card is instantly offered to the beneficiary.
  
  Monthly, the Department of State releases the Visa Bulletin, which summarizes the schedule of immigrant visa (permit) numbers and shows when a green card has appeared to a candidate based upon their preference category, country of birth, employment and top priority date. The date the PERM application is submitted establishes the recipient's top priority date. In the employment-based migration system, Congress set a limit on the number of permits that can be released each year. That limitation is currently 140,000. This suggests that in any given year, the optimum variety of green cards that can be provided to employment-based applicants and their dependents is 140,000.
  
  Once the recipient's concern 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 filed (Form I-485), the recipient 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 info will be utilized to perform required security checks and for ultimate creation of a green card, work permission (work permit) or advance parole file. The recipient might be alerted of the date, time, and location 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 authorities will review the recipient's case to identify if it fulfills among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.
  
  Consular Processing
  
  Consular processing involves requesting the green card at a U.S. consulate in the beneficiary's home nation. 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 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 employment Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and determine whether to confess the recipient into the U.S. If confessed, the beneficiary will receive the permit in the mail. The green card acts as proof of permanent residency in the U.S.