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[O14]Obtaining A Green Card

by Clint Jhonson, Cli

There is a long, difficult and time consuming process that needs to be undertaken if someone wants to obtain a green card and enjoy the benefits of US naturalization. A number of critics state that if the process would be simplified, the number of illegal immigrants would decrease significantly. And you can be sure that a lot of things may be done faster.

For someone to visit the United States as a tourist, student, patient or for business purposes, the process is very simple. They are required to present their passport, an ID card with a photo or birth certificate and the entry visa. Once they have done that, they are free to enter the country. It is very simple, low in cost and consumes very little time.

A visa is the endorsement on a document which is used to prove its authenticity and states the permission of its bearer to travel or to enter a specific country. An alternate name for this type of visa is a nonimmigrant visa. All the costs involved in the process reach 300$ the most and that is including passport fees, the nonimmigrant visa and a border crossing card.

The difficult process is when you want to reside and work in the US. You must obtain an immigrant visa, otherwise known as a green card. (wrong terminology, immigrant visa is not the same thing as a green card, it is sometimes a pre-requisite in that you enter with the immigrant visa and then have the option of adjusting your status to that of a lawful permanent resident otherwise known as green card holder.) This document was originally called the Alien Registration Receipt Card, but its name was recently changed to Permanent Resident Card. Before it was green in color, but now it is white with just a few green printings on the back. Because of this it is still known as a green card. It is valid for 10 years and the recipients of this document must have it with them all the time.

Obtaining a green card requires a petition by either a relative or an employer. This petition is meant to allow the foreign citizen to reside permanently or to be employed in the United States. After this, the long and difficult process begins. There are three steps involved in this process that may seem simple and easy to follow, but they require a lot of time and money.

Before, the service that issued the green cards was known as INS, or the Immigration and Naturalization Service, but now, since it is a part of the Department of Homeland Security, it is known as the US Citizenship and Immigration Service, or simply put USCIS. This institution is required to review all the documents and approve the petition filed by the relative or employer. This step can take more than two months. The lack of communication between the USCIS and the petitioner is the main cause for delays.

After you have overcome the first step, which can cost up to 400$, the paperwork is collected by the National Visa Center. The NVC determines whether any additional documents are needed. This step can take up to seven months and can reach a cost of more than 500$. The last step is to issue a visa number to the US embassy or consulate and only a few of those are available each year. For immediate family, waiting for a number is not necessary. An appointment to the embassy can take up to nine months.

The applicant is required to take additional blood tests and medical exams. This can cost an additional 200$. Once you have overcome these steps and you have your green card, you can reside in the US for 10 years. After 5 years you have the right to apply for citizenship. The naturalization is complete when you have taken the Oath of Allegiance.

Even though taking the Oath means you are a US citizen and the naturalization process has ended, you also need to prove you have good knowledge about the language, history, government and you are willing to uphold the principles of the constitution. The final fee that you are required to pay is of 400$ for fingerprinting and application and after that your US naturalization is complete.

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA).

The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What is PERM ?

To improve the operations of the permanent labor certification program, ETA published a final regulation on December 27, 2004, which required the implementation of a new re-engineered permanent labor certification program by March 28, 2005. The PERM System i.e. Program Electronic Review Management System is a program developed by the Department of Labor to replace the then existing Employment based Labor Certification Application.

How PERM works?

The PERM procedures have been designed to expedite the Labor Certification process. It eliminated the two methods of processing viz. Regular and RIR (Reduction in Recruitment). PERM uses automated computer systems to scan attestation forms filed by employers regarding their compliance with all regulatory requirements. However, it is supposed to be a strict and rule-based system, requiring less paper work and cutting down on the time and formalities of collection of documents.

Are all applications covered under PERM ?

The PERM regulation came into effect from March 28, 2005 and is applicable only to applications filed on or after that date. Applications filed under the regulation in effect prior to March 28, 2005, will continue to be processed at the appropriate Backlog Elimination Center under the rule in effect at the time of filing. As of March 28, 2005, applications (Form 750) are no longer accepted under the previous regulations. The new applications (ETA Form 9089) are needed to be filed under PERM at the appropriate National Processing Center. Only if an employer chooses to withdraw an earlier application and re-file the application for the identical job opportunity under the re-file provisions of PERM will a previously filed application be processed under the PERM regulation.

Filing of the application

The employer must complete an Application for Permanent Employment Certification (ETA Form 9089). The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant's qualifications. Applications submitted by mail must contain original signatures. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

Prevailing wage determination

Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC /O* NET (OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.

Recruitment steps to be completed before filing

Employers are required to attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application. The employer must recruit under the standards for professional occupations set forth in the regulations if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation, for which a bachelor's or higher degree is a customary requirement. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations. Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.

The employer must categorize the lawful job-related reasons for rejection of U.S. applicants and provide the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity.

Filing an application online

The employer has the option of filing an application electronically (using web-based forms and instructions) or by mail. However, the Department of Labor recommends that employers file electronically. Not only is electronic filing, by its nature, faster, but it will also ensure the employer has provided all required information, as an electronic application can not be submitted if the required fields are not completed.

Conclusion

PERM is designed to streamline the labor certification process and reduce processing times. DOL anticipates adjudication of most cases filed under PERM within 45 to 60 days, unless there is a DOL audit and the employer is required to submit additional information, or certain cases may be subjected to supervised recruitment. Thus, it is important that all the statutory guidelines are complied with before filing an application under PERM.

VisaPro, through a combined use of vast experience and efficient technology, specializes in assisting employers through the PERM process, ensuring proper and timely completion of all the required steps and avoiding costly mistakes that may affect your employment strategy.

Contact VisaPro if you have any questions regarding any type of employment based and family based petitions as well as PERM and naturalization process.

VisaPro covers the latest happenings on work visas in Immigration Monitor, monthly newsletter. Click here to subscribe to Immigration Monitor.

Article Source : American Green Card

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Both Clint Jhonson & Visapro.com are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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