The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, however for those seeking long-term residency in the U.S., it is a necessary step to attaining that goal. In this short article, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is typically the very first action in the employment-based green card procedure. The process is designed to ensure that there are no competent U.S. workers offered for the position which the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM process by drafting the task description for the sponsored position. Once the job information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the average wage paid to likewise employed employees in a particular occupation in the area of desired work. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, task tasks, requirements for the position, the area of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the company must a minimum of provide the long-term position at. It is also the rate that must be paid to the staff member once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines need a sponsoring company to check the U.S. labor market through numerous recruitment methods for "able, ready, certified, and offered" U.S. workers. Generally, the company has 2 options when choosing when to start the recruitment process. The employer can start marketing (1) while the dominating 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:

- one month task order with the State Workforce Agency serving the location of designated employment;
- Two Sunday print ads in a paper of basic circulation in the area of designated employment, a lot of appropriate to the profession and most likely to bring responses from able, ready, certified, and offered U.S. workers; and
- Notice of Filing to be published at the job website for a period of 10 successive organization days.

In addition to the obligatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The company should select 3 of the following:

- Job Fairs
- Employer's company site
- Job search website
- On-Campus recruiting
- Trade or professional company
- Private work companies
- Employee referral program
- Campus positioning workplace
- Local or ethnic paper; and
- Radio or TV advertisement

During the recruitment process, the employer may be evaluating resumes and performing interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, consisting of the variety of U.S. employees who requested the position, the number who were talked to, and the reasons that they were not employed.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the employer can send the PERM application if no qualified 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 establishes the recipient's priority date and identifies his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL executes a quality assurance procedure in the kind of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL generally 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 company explaining the recruitment actions undertaken and the results achieved, the number of hires, and, if applicable, the variety of U.S. applicants rejected, summarized by the particular lawful job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The approved PERM/Labor Certification validates that there are no qualified U.S. employees readily available for the position which the recipient will not adversely affect the salaries and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been authorized, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the recipient's certifications for the sponsored position. Please note, depending on the preference classification and country of birth, a recipient may be qualified to submit the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is existing.

At the I-140 petition stage, the employer needs to 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 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 amounts to or greater than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the business's net assets are equivalent to or greater than the proffered wage (yearly report, income tax return, or audited financial statement).

In addition, it is at this phase that the employer will select 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 worker's credentials.

There are a number of categories of employment-based green cards, employment and each has its own set of requirements. (Please note, some classifications might 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 submitted, USCIS will review it and may ask for extra info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is a readily available green card. The real green card application can just be filed if the recipient's concern date is present, implying a green card is instantly readily 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 indicates when a permit has appeared to an applicant based on their preference category, nation of birth, and top priority date. The date the PERM application is filed develops the beneficiary's priority date. In the employment-based migration system, Congress set a limit on the number of green cards that can be issued each year. That limitation is currently 140,000. This suggests that in any given year, the maximum number of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the beneficiary's top priority date is present, he/she will either go through modification of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes using for the permit while in the U.S. After a change of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which typically involves having his/her image and signature taken and being fingerprinted. This info will be utilized to carry out necessary security checks and for ultimate creation of a permit, work permission (work authorization) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will evaluate the beneficiary's case to figure out if it meets one of the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will get the green card.

Consular Processing

Consular processing involves applying for the permit at a U.S. consulate in the recipient's home country. The consular office establishes a visit for the beneficiary's interview when his/her priority date ends up being current. If the consular officer grants the immigrant visa, the recipient 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 permit. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and figure out whether to confess the beneficiary into the U.S. If admitted, the beneficiary will get the permit in the mail. The green card serves as evidence of irreversible residency in the U.S.