Lset

Overview

  • Posted Jobs 0
  • Viewed 9
  • Employer Roles Care provider / aged care facility
Bottom Promo

Company Description

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 process that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and lengthy, however for those looking for irreversible residency in the U.S., it is a necessary action to achieving that goal. In this 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 procedure is typically the primary step in the employment-based permit procedure. The process is developed to ensure that there are no qualified U.S. workers 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 employer starts the PERM process by drafting the task description for the sponsored position. Once the task details are settled, a prevailing wage application is sent to the Department of Labor (DOL). The prevailing wage rate is defined as the average wage paid to likewise utilized workers in a specific occupation in the area of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of intended employment, travel requirements (if any), to name a few things. The dominating wage is the rate the employer need to at least offer the long-term position at. It is also the rate that should be paid to the employee 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 check the U.S. labor market through numerous recruitment methods for “able, prepared, qualified, and offered” U.S. employees. Generally, the employer has 2 alternatives when choosing when to begin the recruitment procedure. The company can begin marketing (1) while the dominating wage application is pending or (2) after the PWD is issued.

All PERM applications, whether for an expert or non-professional profession, need the following recruitment efforts:

– one month job order with the State Workforce Agency serving the area of designated work;
– Two Sunday print ads in a paper of basic flow in the location of designated employment, many suitable to the occupation and more than likely to bring reactions from able, ready, qualified, and offered U.S. workers; and
– Notice of Filing to be published at the job site for a duration of 10 consecutive business days.

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

– Job Fairs
– Employer’s company website
– Job search website
– On-Campus recruiting
– Trade or professional company
– Private work companies
– Employee recommendation program
– Campus positioning office
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the employer might be evaluating resumes and carrying out interviews of U.S. workers. The company should keep in-depth records of their recruitment efforts, consisting of the number of U.S. workers who applied for the position, the number who were talked to, and the factors why they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no certified 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 beneficiary’s concern date and figures out his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not required to submit supporting documents when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the type of audits to ensure compliance with all PERM guidelines. In case of an audit, the DOL normally requires:

– Evidence of all recruitment efforts undertaken (copies of ads placed and Notice of Filing);.
– Copies of applicants’ resumes and finished work applications; and.
– A recruitment report signed by the employer describing the recruitment actions carried out and the results attained, the number of hires, and, if suitable, the variety of U.S. applicants rejected, summed up by the specific lawful job-related factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total 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 approved PERM/Labor Certification verifies that there are no certified U.S. workers readily available for the position which the beneficiary will not negatively impact the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually 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 authorized PERM application and proof of the beneficiary’s qualifications for the sponsored position. Please note, depending on the choice classification and country of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the company must likewise show its ability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the permit is provided. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or greater than the proffered wage (annual report, tax return, somalibidders.com or audited financial declaration); OR.
3. Evidence that the business’s net properties amount to or greater than the proffered wage (yearly report, tax return, or audited financial declaration).

In addition, it is at this stage that the company will select the employment-based choice classification 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 qualifications.

There are numerous categories of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications may 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, referall.us 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 details or paperwork by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will inspect the Visa Bulletin to determine if there is an available permit. The real permit can just be submitted if the beneficiary’s priority date is existing, implying a permit is right away readily available to the recipient.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the schedule of immigrant visa (green card) numbers and suggests when a permit has actually appeared to an applicant based upon their preference category, country of birth, and concern 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 variety of green cards that can be issued each year. That limit is presently 140,000. This means that in any given year, the optimum variety of permits that can be released 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 change of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status involves applying for the green card while in the U.S. After an adjustment of status application is submitted (Form I-485), the beneficiary is notified to appear at an Application Support Center for biometrics collection, which typically includes having his/her picture and signature taken and being fingerprinted. This details will be used to conduct required security checks and for ultimate development of a green card, work permission (work permit) or advance parole document. The recipient may be alerted of the date, time, and place for an interview at a USCIS office to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to determine if it satisfies among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing involves requesting the green card at a U.S. consulate in the recipient’s home country. The consular office establishes a visit for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the beneficiary is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the permit. 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 identify whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card serves as proof of long-term residency in the U.S.

Bottom Promo
Bottom Promo
Top Promo