Permit Application Process

With limited exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is frequently the hardest and most difficult action. Prior employment to being able to file the Labor Certification application, the employer needs to acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. employees readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain teaching tasks, the employer should document that the picked applicant is the “finest certified” for the position. This process is typically called “Special Handling.”

In both the “basic” and the “special handling” procedure, the company should complete a formal recruitment process to record that there are no minimally certified U.S. workers readily available or that, when it comes to positions that have a mentor part, that the chosen prospect is the finest certified. It is typical that this recruitment process need to be completed well after the foreign nationwide staff member 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 candidate is developed. This date is important to figure out when someone can finish action # 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 filed with USCIS. In cases where no Labor employment Certification is needed (e.g. EB-1), the filing of the I-140 is the primary step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can use for the modification of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of making an application for employment the Adjustment of Status, a foreign nationwide may also 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 unless the “priority date” is present. In practice this indicates that, employment depending on one’s nation of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals obtain permits in an offered category than there are offered green card visa numbers. The total variety of green cards is more restricted by the fact that, with some exceptions, no more than 7 percent of all permits in an offered choice classification can go to individuals born in a given nation. The backlog is each month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin consists of 2 separate tables with priority cut-off dates. The actual cut-off dates are suggested in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some circumstances, USCIS might accept the I-485 application if the concern date is current based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B might be utilized several days after the official Visa Bulletin is released. USCIS publishes this info 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 constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed simultaneously.