Permit Application Process

With minimal exceptions, all EB-2 and EB-3 green card applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, employment the Labor Certification procedure is typically the hardest and most arduous action. Prior to having the ability to submit the Labor Certification application, the employer needs to acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor responsibilities, the employer needs to record that the picked candidate is the “finest qualified” for the position. This process is commonly called “Special Handling.”

In both the “basic” and the “unique handling” process, employment the employer should complete an official recruitment process to record that there are no minimally qualified U.S. workers offered or that, when it comes to positions that have a teaching component, that the chosen candidate is the best certified. It prevails that this recruitment process must be completed well after the foreign nationwide employee began their position at the University.

As soon as the Labor Certification has actually been filed with the Department of Labor, the “priority date” for the candidate is developed. This date is crucial to figure out when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

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

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide can look for employment the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of requesting the Adjustment of Status, a foreign nationwide might likewise make an application for an immigrant visa at a U.S. consulate or employment embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the “priority date” is present. In practice this implies that, depending on one’s nation of birth and EB-category, there might be a backlog. The stockpile exists since more individuals obtain permits in a provided classification than there are readily available permit visa numbers. The overall variety of permits is additional limited by the truth that, with some exceptions, no more than 7 percent of all green cards in an offered choice classification can go to people born in a given country. The stockpile is upgraded each month by the U.S. Department of State and is published in the Visa Bulletin.

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

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

Sometimes, it might be possible to file the I-140 and I-485 at the same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if submitted simultaneously.