Permit Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications need that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is often the hardest and most difficult step. Prior to being able to submit the Labor Certification application, the company should obtain a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that contain teaching responsibilities, the company needs to record that the chosen applicant is the “best qualified” for the position. This procedure is typically called “Special Handling.”

In both the “basic” and the “unique handling” procedure, employment the company needs to finish an official recruitment process to document that there are no minimally qualified U.S. employees readily available or that, employment in the case of positions that have a mentor part, that the picked candidate is the best qualified. It prevails that this recruitment process should be completed well after the foreign nationwide employee began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the “priority date” for the applicant is developed. This date is essential to identify when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is developed 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 needed (e.g. EB-1), the filing of the I-140 is the primary step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be filed until and unless the “concern date” is present. In practice this means that, depending upon one’s nation of birth and employment EB-category, there might be a stockpile. The stockpile exists because more people make an application for permits in an offered classification than there are readily available permit visa numbers. The overall number of green cards is additional restricted by the reality that, with some exceptions, employment no more than 7 percent of all green cards in a provided choice classification can go to people born in an offered country. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin contains two different tables with concern cut-off dates. The real cut-off dates are suggested 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 concern date is existing 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 numerous days after the main Visa Bulletin is released. USCIS publishes this details on its site dedicated to the Visa Bulletin.

In some cases, it might be possible to submit the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted concurrently.