The employment-based green card procedure is a multi-step procedure that permits foreign nationals to live and work completely in the U.S. The procedure can be made complex and lengthy, however for those seeking permanent residency in the U.S., it is an important 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 procedure is generally the very first step in the employment-based green card process. The procedure is created to ensure that there are no certified U.S. employees readily available for the position and that the foreign worker will not negatively impact the salaries and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The company starts the PERM procedure by drafting the task description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to similarly used workers in a particular occupation in the area of desired work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task tasks, requirements for the position, the area of desired work, travel requirements (if any), among other things. The prevailing wage is the rate the employer need to at least use the irreversible position at. It is also the rate that should be paid to the worker once the permit is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to check the U.S. labor market through different recruitment approaches for "able, willing, certified, and readily available" U.S. workers. Generally, the company has 2 alternatives when deciding when to begin the recruitment procedure. 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 an expert or non-professional profession, need the following recruitment efforts:

- 30 day task order with the State Workforce Agency serving the area of desired employment;

• Two Sunday print ads in a paper of basic flow in the area of intended work, a lot of appropriate to the profession and more than likely to bring reactions from able, employment prepared, qualified, and offered U.S. workers; and
• Notice of Filing to be published at the task website for a period of 10 successive company days.
  
  In addition to the compulsory recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company must select 3 of the following:
  
  - Job Fairs
• Employer's business site
• Job search site
• On-Campus recruiting
• Trade or expert organization
• Private employment companies
• Employee referral program
• Campus placement office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the company may be examining resumes and performing interviews of U.S. employees. The company must keep in-depth records of their recruitment efforts, including the variety of U.S. workers who obtained the position, the number who were interviewed, and the reasons they were not employed.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is issued and recruitment is complete, the company can send the PERM application if no competent U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient's top priority date and identifies his/her location in line in the permit visa queue.
  
  React To PERM/Labor Certification Audit (if any)
  
  A company is not required to submit supporting documentation when a PERM application is submitted. Therefore, the DOL carries out a quality control process in the type of audits to make sure compliance with all PERM policies. In the occasion of an audit, the DOL normally requires:
  
  - Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
• Copies of applicants' resumes and completed employment applications; and.
• A recruitment report signed by the company explaining the recruitment actions carried out and the results accomplished, the variety of hires, and, if relevant, the variety of U.S. applicants rejected, summed up by the particular lawful occupational factors for such rejections.
  
  If an audit is released on a case, 3 to 4 months are added 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 authorized PERM/Labor Certification verifies that there are no certified U.S. employees available for the position which the beneficiary will not negatively impact the earnings 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 submit an I-140 with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the authorized PERM application and evidence of the recipient's credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a beneficiary might be qualified to file the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is present.
  
  At the I-140 petition phase, the employer needs to likewise demonstrate its capability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 ways to demonstrate 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 business's net earnings is equal to or higher than the proffered wage (annual report, income tax return, 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 phase that the employer will choose the employment-based preference classification for the sponsored position. The classification depends upon the minimum requirements for the position that was noted on the PERM application and the employee's qualifications.
   
   There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please keep in mind, some categories might not need an approved PERM application or 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 evaluate it and may ask for extra information or documents by releasing an Ask for Evidence (RFE).
  
  Step 3: Green Card Application
  
  Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to figure out if there is an available permit. The real permit application can only be submitted if the recipient's top priority date is existing, suggesting a green card is instantly available to the beneficiary.
  
  Each month, the Department of State releases the Visa Bulletin, which sums up the schedule of immigrant visa (green card) numbers and suggests when a green card has appeared to a candidate based on their preference classification, country 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 variety of green cards that can be issued each year. That limit is presently 140,000. This indicates that in any given year, the maximum variety of green cards that can be released to employment-based candidates and their dependents is 140,000.
  
  Once the beneficiary's 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 applying for the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which normally involves having his/her picture and signature taken and being fingerprinted. This details will be used to perform necessary security checks and for ultimate creation of a green card, employment permission (work permit) or advance parole file. The beneficiary might be informed of the date, time, and place for an interview at a USCIS workplace to answer questions under oath or affirmation relating to his/her application. Not all applications need an interview. USCIS officials will examine the recipient's case to determine if it meets among the exceptions. If the interview achieves success and USCIS authorizes the application, the recipient will receive the green card.
  
  Consular Processing
  
  Consular processing includes applying for the permit at a U.S. consulate in the recipient's home country. The consular office sets up an appointment for the beneficiary's interview when his/her top priority date becomes present. If the consular officer grants the immigrant visa, the beneficiary is offered 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 inspect and determine whether to confess the beneficiary into the U.S. If confessed, the beneficiary will receive the permit in the mail. The permit serves as proof of permanent residency in the U.S.