RIA

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  • Founded Date July 9, 1965
  • Sectors Beekeeping
  • Posted Jobs 0
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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

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 process can be complicated and lengthy, but for those looking for irreversible 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 process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the very first action in the employment-based green card process. The process is designed to guarantee that there are no qualified U.S. employees offered for the position which the foreign employee will not negatively affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by drafting the job description for the sponsored position. Once the job details are settled, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to likewise employed employees in a specific profession in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the area of desired work, travel requirements (if any), to name a few things. The dominating wage is the rate the employer must a minimum of provide the permanent position at. It is likewise the rate that must 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 need a sponsoring company to check the U.S. labor market through numerous recruitment approaches for “able, prepared, qualified, and offered” U.S. employees. Generally, the company has 2 choices when deciding when to start the recruitment process. The company can start advertising (1) while the dominating wage application is pending or (2) after the PWD is released.

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

– 1 month task order with the State Workforce Agency serving the area of designated employment;
– Two Sunday print advertisements in a newspaper of general circulation in the location of intended work, many appropriate to the profession and most likely to bring actions from able, prepared, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive company days.

In addition to the compulsory recruitment discussed above, the DOL needs 3 extra recruitment efforts to be posted. The company must pick 3 of the following:

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private employment companies
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment process, the company might be examining resumes and conducting interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, consisting of the variety of U.S. employees who obtained the position, the number who were interviewed, and the factors why they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is issued and employment recruitment is complete, the employer can send the PERM application if no competent U.S. workers were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient’s priority date and identifies his/her place in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the kind of audits to ensure compliance with all PERM policies. In case of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the outcomes attained, the variety of hires, and, if suitable, the number of U.S. candidates rejected, summarized by the specific lawful job-related reasons 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 authorized, the employer will receive it from the DOL. The authorized PERM/Labor Certification validates that there are no competent U.S. employees available for the position and employment that the beneficiary will not negatively affect the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the recipient’s qualifications for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her priority date is present.

At the I-140 petition stage, the company should also demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted 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 is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings is equivalent to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the business’s net properties amount to or higher than the proffered wage (annual report, tax return, or audited financial declaration).

In addition, it is at this stage that the employer will select the employment-based choice classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are several categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may not need an authorized 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 evaluate it and might request additional details or documents by providing an Ask for employment 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 actual green card application can only be filed if the recipient’s concern date is present, meaning a green card is right away available to the beneficiary.

Monthly, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and shows when a green card has actually appeared to a candidate based upon their preference classification, country of birth, and top priority date. The date the PERM application is submitted develops the beneficiary’s top priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be released each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of permits that can be released to employment-based candidates and their dependents is 140,000.

Once the recipient’s top priority date is current, he/she will either go through change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves requesting the green card while in the U.S. After an adjustment of status application is submitted (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 information will be used to conduct necessary security checks and for ultimate development of a green card, work permission (work permit) or advance parole file. The beneficiary might be notified of the date, employment time, and location for an at a USCIS workplace to answer concerns under oath or employment affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to identify if it fulfills one of the exceptions. If the interview succeeds and USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes obtaining the green card at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a visit for the beneficiary’s interview when his/her top priority date becomes current. If the consular officer grants the immigrant visa, employment the recipient is given 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 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 figure out whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The green card serves as evidence of permanent residency in the U.S.

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