The employment-based green card process is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The procedure can be complicated and lengthy, however for those looking for permanent residency in the U.S., it is a vital action to attaining that objective. In this short article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is generally the primary step in the employment-based permit procedure. The process is developed to ensure that there are no competent U.S. employees available for the position which 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 preparing the task description for the sponsored position. Once the task details are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly employed workers in a particular occupation in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based upon the specific position, task duties, requirements for the position, the area of desired work, travel requirements (if any), among other things. The dominating wage is the rate the company must a minimum of use the irreversible position at. It is also the rate that needs to be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through numerous recruitment approaches for "able, willing, qualified, and offered" U.S. employees. Generally, the company has 2 alternatives when deciding when to start the recruitment process. The company can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is issued.

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

- 30 day job order with the State Workforce Agency serving the area of desired work;

• Two Sunday print ads in a paper of basic circulation in the area of desired employment, many appropriate to the occupation and probably to bring actions from able, prepared, certified, and readily available U.S. employees; and
• Notice of Filing to be published at the job site for a duration of 10 successive company days.
  
  In addition to the compulsory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be posted. The employer should choose 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search website
• On-Campus recruiting
• Trade or professional organization
• Private employment companies
• Employee recommendation program
• Campus positioning office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the company may be examining resumes and conducting interviews of U.S. employees. The company should keep detailed records of their recruitment efforts, including the number of U.S. employees who requested the position, the number who were interviewed, and the reasons that they were not hired.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is provided and recruitment is complete, the employer 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 filed establishes the beneficiary's 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 submit supporting documents when a PERM application is filed. Therefore, the DOL implements a quality assurance process in the kind of audits to make sure compliance with all PERM policies. In case of an audit, the DOL normally requires:
  
  - Evidence of all recruitment efforts undertaken (copies of advertisements positioned and Notice of Filing);.
• Copies of applicants' resumes and completed work applications; and.
• A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes achieved, the variety of hires, and, if applicable, the number of U.S. candidates declined, summarized by the specific legal occupational reasons for such rejections.
  
  If an audit is provided 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 employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no certified U.S. workers available for the position and that the beneficiary will not negatively affect the earnings and working conditions of U.S. employees.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the authorized PERM application and evidence of the recipient's credentials for the sponsored position. Please note, depending upon the choice classification and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is current.
  
  At the I-140 petition phase, the company must likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is issued. There are 3 methods to demonstrate capability 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 is equivalent to or greater than the proffered wage (annual report, tax return, or audited monetary declaration); OR.
3. Evidence that the company's net possessions are equivalent to or higher than the proffered wage (annual report, income tax return, or audited financial declaration).
   
   In addition, it is at this stage that the company will pick the employment-based preference classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and the worker's certifications.
   
   There are a number of categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, 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 filed, USCIS will evaluate it and might ask for additional information or documents by providing a Demand for Evidence (RFE).
  
  Step 3: Permit Application
  
  Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is an offered green card. The real permit application can only be filed if the recipient's top priority date is current, suggesting a green card is right away readily available to the beneficiary.
  
  Every month, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has actually become available to a candidate based on their choice category, nation of birth, and priority date. The date the PERM application is filed establishes the beneficiary's concern date. In the employment-based migration system, Congress set a limit on the number of permits that can be provided each year. That limitation is presently 140,000. This implies that in any given year, yogicentral.science the maximum variety of permits that can be provided to employment-based candidates and their dependents is 140,000.
  
  Once the recipient's priority date is existing, he/she will either go through adjustment of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status involves requesting the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally includes having his/her photo and signature taken and being fingerprinted. This information will be used to carry out necessary security checks and for ultimate development of a green card, employment authorization (work license) or advance parole document. The recipient may be alerted of the date, time, and for an interview at a USCIS office to respond to concerns under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary's case to identify if it meets one of the exceptions. If the interview succeeds and USCIS approves the application, the recipient will get the permit.
  
  Consular Processing
  
  Consular processing involves requesting the green card at a U.S. consulate in the beneficiary's home country. The consular office establishes a consultation for the recipient's interview when his/her priority 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 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 figure out whether to admit the recipient into the U.S. If admitted, the recipient will receive the permit in the mail. The green card acts as proof of permanent residency in the U.S.