Permit Application Process

With minimal 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 action, the Labor Certification process is typically the hardest and most arduous step. Prior employment to being able to file the Labor Certification application, the employer needs to get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain mentor tasks, the company should record that the chosen candidate is the “finest certified” for employment the position. This procedure is frequently called “Special Handling.”

In both the “standard” and the “special handling” process, the employer must complete a formal recruitment process to document that there are no minimally qualified U.S. employees offered or employment that, when it comes to positions that have a mentor component, that the chosen prospect is the very best certified. It is common that this recruitment procedure must be completed well after the employee began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the “top priority date” for the applicant is developed. This date is necessary to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is required, 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, employment the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor employment Certification is required (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 nationwide can look for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of getting the Adjustment of Status, a foreign nationwide might likewise request 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 “concern date” is current. In practice this indicates that, depending on one’s nation of birth and EB-category, there may be a backlog. The stockpile exists since more individuals request green cards in a given classification than there are offered permit visa numbers. The overall variety of green cards is further restricted by the fact that, with some exceptions, no greater than 7 percent of all green cards in a given choice category can go to individuals born in a provided country. The backlog is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The 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 got the I-140 petition.

Note that the Visa Bulletin includes 2 different 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 might 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 decision whether Table B might be used a number of days after the official Visa Bulletin is released. USCIS publishes this information on its website devoted to the Visa Bulletin.

In many cases, employment it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed simultaneously.