smartHR招聘平台

Careersmanagement

GG
Follow
Something About Company

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 complicated and lengthy, however for those seeking permanent residency in the U.S., it is a necessary step to attaining that objective. In this post, we will go through the steps of the employment-based permit procedure in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the primary step in the employment-based green card process. The procedure is designed to ensure that there are no certified U.S. workers offered for the position and that the foreign worker will not negatively affect the wages and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by drafting the job description for the sponsored position. Once the task information are settled, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise employed employees in a specific occupation in the location of designated employment. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, task responsibilities, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the employer must at least offer the permanent position at. It is likewise the rate that needs to be paid to the staff member once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to test the U.S. labor market through various recruitment techniques for “able, willing, certified, and offered” U.S. employees. Generally, the company has 2 alternatives when choosing when to begin the recruitment process. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

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

– one month job order with the State Workforce Agency serving the location of intended work;
– Two Sunday print advertisements in a newspaper of basic blood circulation in the location of intended employment, the majority of suitable to the profession and most likely to bring reactions from able, prepared, qualified, and readily available U.S. employees; and
– Notice of Filing to be posted at the task website for a duration of 10 successive business days.

In addition to the necessary recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be posted. The company should choose 3 of the following:

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

During the recruitment process, the company may be reviewing resumes and performing interviews of U.S. employees. The company must keep comprehensive 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 why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is provided and recruitment is total, the can submit 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 submitted establishes the recipient’s top priority date and determines his/her location in line in the permit visa queue.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL carries out a quality control procedure in the form of audits to make sure compliance with all PERM policies. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and completed employment applications; and.
– A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if appropriate, the variety of U.S. applicants declined, summarized by the specific legal job-related reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed 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 verifies that there are no certified U.S. workers available for the position and that the beneficiary will not adversely affect the wages and working conditions of U.S. workers.

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 should consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending on the preference classification and nation of birth, a beneficiary may be qualified to submit the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her top priority date is current.

At the I-140 petition phase, the employer should also show its capability to pay the recipient the proffered wage from the time the PERM application is filed to the time the green card is issued. There are 3 methods to demonstrate 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 business’s earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited monetary statement); OR.
3. Evidence that the company’s net properties are equal to or higher than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this stage that the company will choose the employment-based preference classification for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s certifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some classifications might not require an authorized PERM application or referall.us I-140 petition.) The categories 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 review it and may ask for extra info or paperwork by issuing an Ask for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the beneficiary will check the Visa Bulletin to figure out if there is an offered green card. The real permit application can only be filed if the beneficiary’s priority date is existing, implying a green card is instantly offered to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (permit) numbers and shows when a permit has appeared to a candidate based on their preference category, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary’s concern date. In the employment-based migration system, Congress set a limitation on the variety of green cards that can be provided each year. That limit is presently 140,000. This means that in any given year, the maximum number of green cards that can be released to employment-based applicants 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 includes making an application for the permit while in the U.S. After a modification 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 details will be used to carry out required security checks and for ultimate production of a green card, work authorization (work permit) or advance parole file. The beneficiary may be notified of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation regarding his/her application. Not all applications require an interview. USCIS officials will review the beneficiary’s case to identify if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes obtaining the permit at a U.S. consulate in the recipient’s home nation. The consular workplace sets up a consultation for the recipient’s interview when his/her concern date ends up being current. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. 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 examine and determine whether to confess the recipient into the U.S. If confessed, the recipient will receive the permit in the mail. The permit functions as evidence of permanent residency in the U.S.

This company has no active jobs

Company Information

Contact Us

聯絡我們

E-mail: hello@smartHR.hk

Whatsapp: +852 666 333 63

Address: 8F, C Wisdom Centre, 35-37 Hollywood Rd, Central, Hong Kong

立即訂閱 @smartHR,
定期向你發送最新荀工!


    Like 同 Follow @smartHR,
    搶先獲得職場各種最新資訊!