RIA

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  • Founded Date October 21, 1991
  • Sectors Production of meat products
  • Posted Jobs 0
  • Viewed 4

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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit procedure is a multi-step process that allows 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 an essential action to attaining that goal. In this post, we will go through the steps of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit procedure. The procedure is developed to guarantee that there are no certified U.S. employees offered for the position and that the foreign worker will not adversely affect the incomes and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by drafting the task description for the sponsored position. Once the job information are finalized, a application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the average wage paid to likewise utilized workers in a specific occupation in the location of desired employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the location of designated employment, referall.us travel requirements (if any), to name a few things. The prevailing wage is the rate the employer need to at least offer the permanent position at. It is likewise the rate that needs to 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 employer to test the U.S. labor market through different recruitment approaches for “able, ready, qualified, and available” U.S. workers. Generally, the employer has 2 alternatives when deciding when to begin the recruitment process. The company can begin 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:

– one month task order with the State Workforce Agency serving the area of designated work;
– Two Sunday print advertisements in a newspaper of general circulation in the area of intended work, a lot of appropriate to the profession and probably to bring responses from able, prepared, certified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task site for a period of 10 successive service days.

In addition to the obligatory recruitment pointed out above, the DOL requires 3 extra recruitment efforts to be posted. The employer should pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search site
– On-Campus recruiting
– Trade or professional company
– Private employment companies
– Employee recommendation program
– Campus placement office
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the employer might be evaluating resumes and performing interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the number of U.S. workers who made an application for the position, the number who were interviewed, and the reasons they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can submit 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 filed establishes the recipient’s top priority date and figures out his/her location in line in the green card visa queue.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the form of audits to guarantee compliance with all PERM regulations. In the event of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the variety of hires, and, if suitable, the number of U.S. applicants declined, summarized by the specific lawful occupational reasons for such rejections.

If an audit is provided 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 authorized, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. workers offered for the position and that the beneficiary will not negatively impact the incomes 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 file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the preference category and country of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her top priority date is current.

At the I-140 petition stage, the company should likewise show its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 ways to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s earnings amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the company’s net properties amount to or greater than the proffered wage (yearly report, income tax return, or audited monetary 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 upon the minimum requirements for the position that was listed on the PERM application and the worker’s credentials.

There are a number of classifications of employment-based green cards, and each has its own set of requirements. (Please keep in mind, 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 filed, USCIS will evaluate it and may ask for additional information or paperwork by issuing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the recipient will examine the Visa Bulletin to determine if there is a readily available permit. The actual green card application can just be filed if the beneficiary’s top priority date is existing, meaning a green card is right away offered to the recipient.

On a monthly basis, the Department of State releases the Visa Bulletin, which sums up the accessibility of immigrant visa (green card) numbers and suggests when a permit has actually appeared to an applicant based on their preference category, country of birth, and concern date. The date the PERM application is submitted develops the recipient’s priority date. In the employment-based immigration system, Congress set a limitation on the number of permits that can be released each year. That limit is presently 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 beneficiary’s concern 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 involves getting the green card while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for ultimate creation of a green card, employment authorization (work permit) or advance parole document. The recipient might be alerted of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS authorities will review the beneficiary’s case to determine if it meets one of the exceptions. If the interview succeeds and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up an appointment for the beneficiary’s interview when his/her concern date becomes present. If the consular officer grants the immigrant visa, the beneficiary is offered 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 Border Protection (CPB) officer at the port of entry. The CBP officer will examine and determine whether to admit the recipient into the U.S. If admitted, the beneficiary will receive the green card in the mail. The green card functions as evidence of long-term residency in the U.S.

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