The employment-based green card procedure is a multi-step process that enables foreign nationals to live and work completely 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 step to attaining that goal. In this article, we will go through the actions of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based permit process. The process is created to guarantee that there are no certified U.S. workers offered for the position and that the foreign employee will not adversely affect the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company starts the PERM process by drafting the job description for the sponsored position. Once the job information are finalized, a dominating wage application is sent to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise employed workers in a particular occupation in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, employment task duties, employment requirements for the position, the location of desired employment, travel requirements (if any), amongst other things. The prevailing wage is the rate the employer should a minimum of use the permanent position at. It is likewise the rate that must be paid to the worker once the permit is gotten. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies require a sponsoring company to evaluate the U.S. labor market through different recruitment methods for "able, prepared, certified, and offered" U.S. employees. Generally, the company has 2 choices when deciding when to start 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 occupation, need the following recruitment efforts:

- 1 month job order with the State Workforce Agency serving the area of intended work;

• Two Sunday print advertisements in a newspaper of general blood circulation in the area of desired work, a lot of suitable to the profession and probably to bring reactions from able, prepared, certified, and available U.S. workers; and
• Notice of Filing to be published at the task website for a period of 10 successive organization days.
  
  In addition to the necessary recruitment discussed above, the DOL needs 3 extra recruitment efforts to be published. The company needs to pick 3 of the following:
  
  - Job Fairs
• Employer's company website
• Job search website
• On-Campus recruiting
• Trade or professional company
• Private work firms
• Employee referral program
• Campus placement office
• Local or ethnic newspaper; and
• Radio or TV advertisement
  
  During the recruitment process, the employer may be reviewing resumes and conducting interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, including the variety of U.S. workers who used for the position, the number who were talked to, and the reasons why they were not worked with.
  
  Submit the PERM/Labor Certification Application
  
  After the PWD is released and recruitment is complete, the employer can submit the PERM application if no competent 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 figures out his/her location in line in the permit visa queue.
  
  Respond 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 implements a quality control procedure in the kind of audits to guarantee compliance with all PERM policies. In case of an audit, the DOL normally requires:
  
  - Evidence of all recruitment efforts carried out (copies of advertisements positioned and Notice of Filing);.
• Copies of applicants' resumes and finished employment applications; and.
• A recruitment report signed by the employer explaining the recruitment actions carried out and the outcomes accomplished, the number of hires, and, if suitable, the number of U.S. applicants declined, summed up 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 total processing time of the PERM application.
  
  Receive the Approved PERM/Labor Certification
  
  If the PERM application is approved, the employer will receive it from the DOL. The authorized PERM/Labor Certification confirms that there are no qualified U.S. workers offered for the position which the recipient will not adversely impact the earnings and working conditions of U.S. workers.
  
  Step 2: I-140 Immigrant Petition
  
  Once the PERM application has actually been authorized, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must consist of the authorized PERM application and employment proof of the beneficiary's qualifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary might be eligible to file the I-140 immigrant petition and the I-485 change of status application concurrently if his/her priority date is present.
  
  At the I-140 petition phase, the employer should likewise demonstrate its capability to pay the beneficiary 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 beneficiary 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 (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the company's net possessions amount to or greater than the proffered wage (annual 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 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 categories of employment-based green cards, and each has its own set of requirements. (Please note, some categories 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, 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 additional 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 inspect the Visa Bulletin to figure out if there is a readily available green card. The real green card application can just be submitted if the recipient's priority date is existing, meaning a green card is immediately available to the recipient.
  
  On a monthly basis, the Department of State releases the Visa Bulletin, which summarizes the accessibility of immigrant visa (permit) numbers and shows when a green card has actually appeared to a candidate based upon their choice category, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient's top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be issued each year. That limitation is presently 140,000. This implies 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 recipient's top priority date is existing, he/she will either go through modification of status or consular processing to receive the green card.
  
  Adjustment of Status
  
  Adjustment of status involves obtaining 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 normally involves having his/her image and signature taken and being fingerprinted. This will be utilized to conduct required security checks and for ultimate creation of a green card, employment authorization (work permit) or advance parole file. The recipient may be alerted of the date, time, and location for an interview at a USCIS workplace to address concerns under oath or affirmation concerning his/her application. Not all applications need an interview. USCIS authorities will examine the beneficiary's case to identify if it satisfies one of the exceptions. If the interview is successful and USCIS approves the application, the recipient will get the green card.
  
  Consular Processing
  
  Consular processing involves obtaining the permit at a U.S. consulate in the recipient's home nation. The consular workplace establishes a visit for the beneficiary's interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the beneficiary is offered a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized 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 admit the beneficiary into the U.S. If confessed, the beneficiary will receive the green card in the mail. The green card acts as proof of irreversible residency in the U.S.