Acquiring a U.S. green card, whether family or employment-based, has a long procedure. All individuals participating in the process are required to follow, and accurately complete certain steps; submitting their supporting documentation and then wait for a decision to be made from each appropriate U.S immigration department.
If you are the newcomer pursuing an employment-based U.S. green card you must qualify before receiving one. Your eligibility is dependent on having a legitimate job offer from a U.S. employer who is willing to sponsor and help you.
Secondly, before a U.S. employer can hire an immigrant worker there are certain steps the employer must follow. Hiring alien workers demands the need for a labor certification on behalf of the foreign national.
Step 1 of the Labor Certification (PERM)
The Labor Certification also known as PERM demands that the U.S. employer makes a prevailing wage request (PWR) to the U.S. Department of Labor through its website. Within the prevailing wage request officials will find data pertaining to the job stipulations, job responsibilities and the location of work establishment.
Then based upon the information submitted to the U.S. Labor Department a prevailing wage determination is distributed to the employer and they will divulge the common wage for the particular job position and locality of worksite.
The prevailing wage determination is very important to completing the labor certification because it is a requirement from U.S. immigration law that all U.S. employers are able to pay their immigrant workers at least the prevailing wage for the worker’s position. Every PWD is dependent upon the geographic region of the job.
Consider the PWD for an attorney working in a metropolitan city as opposed to one in a rural area such as in South Carolina. U.S. employers are required to submit the accurate address of the worksite location on the PWR so that way the Department of Labor provides the U.S. employer the correct prevailing determination.
Step 2 of the Labor Certification
This step is essential part of the entire PERM procedure. This shows the Department of Labor that all American workers within that region were unavailable for the job post. The U.S employer must show good faith in finding new workers which will indicate that the job advertisement for the job available sincerely got the attention of other U.S. workers but none were willing to apply.
During this step there are 3 compulsory advertisements for the Labor Certification that the employer must release within the applicable state workforce agency in the state in which the job opportunity is offered.
Furthermore an employer is inclined to place an ad in the newspaper on 2 different Sundays. A major newspaper within the region of employment must publicize the job opportunity available. The employer is also required to place 3 other ads and a notification at the specific location of the worksite that is intended to provide the job opportunity.
It is highly advisable that all advertisements are released at the same time. This way all advertisements will be less than 180 days old when the PERM is being filed. If by any chance one of the advertisements is over 180 days old, the infomercial becomes unusable and the employer must post another job advertisement before initiating the filing process for the labor certification. Advertisement older than 180 days can cause some serious hindrances in the completion of the green card procedure.
Step 3 of Labor Certification
After all advertisements have been completed the U.S. employer will start filing the Labor Certification application with the U.S. Department of Labor. The employer will fill out ETA Form 9089 with the exception that all U.S workers were unavailable and unwilling to apply for the current job opportunity.
The ETA Form 9089 can be filled out online and in this form, the employer will submit information pertaining to the requirements of the job, prevailing wage, responsibilities, location of the worksite and employer’s hiring process. The employer will also need to provide the immigrant worker’s educational certifications, place of birth, and work experience.
Waiting time could take about several months before the department of labor decides whether the PERM will be denied approved or audited. If audited, additional supporting documentation will need to be submitted for the application in which the approval or denial of the PERM will be based on the new information submitted.
If the PERM is approved, then the employer can move forward with the final and big step of filing the I-140 visa petition with USCIS on behalf of the Immigrant worker.
Meet with an Experienced Sponsor an Immigrant Worker
This process is quite long and tiring, it is important to consult with an immigration lawyer to assist with the preparation of the paperwork. Each step requires careful advice failure to follow each step carefully will only result in a longer delay.
The Gambacorta Law Office can help you throughout this long and detailed process. Our contact number is 1-847-786-2599 and our offices are located in Arizona and Illinois. Our legal team will gladly render the assistance you need for the entire process of the employment-based U.S. green card.
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