Permit Application Process

With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor employment Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is often the hardest and most . Prior to having the ability to file the Labor employment Certification application, the company needs to get a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.

In the case of positions that contain teaching tasks, the employer must record that the chosen applicant is the “finest certified” for the position. This process is typically called “Special Handling.”

In both the “standard” and the “unique handling” procedure, the company should finish an official recruitment process to document that there are no minimally qualified U.S. workers offered or that, when it comes to positions that have a mentor employment component, that the chosen candidate is the finest qualified. It prevails that this recruitment procedure must be finished well after the foreign nationwide employee began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “concern date” for the candidate is developed. This date is essential to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is needed, the priority date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor employment Certification, the Immigrant Petition (Form I-140) can be submitted with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can apply for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of making an application for the Adjustment of Status, employment a foreign nationwide may likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and employment unless the “priority date” is current. In practice this implies that, depending upon one’s country of birth and EB-category, there may be a backlog. The backlog exists because more individuals make an application for green cards in a given classification than there are available permit visa numbers. The overall number of green cards is more restricted by the truth that, with some exceptions, no more than seven percent of all permits in a provided choice category can go to people born in an offered nation. The backlog is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s top priority date date has been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was required, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with priority cut-off dates. The actual cut-off dates are indicated in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some circumstances, USCIS may accept the I-485 application if the concern date is current based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be used several days after the official Visa Bulletin is published. USCIS publishes this details on its website dedicated to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the exact same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed simultaneously.