Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications require that the company get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor job Certification procedure is typically the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, job the employer should get a fundamental wage from the Department of Labor job and show that there are no minimally certified U.S. workers readily available for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching duties, the company must record that the chosen candidate is the “best certified” for the position. This process is typically called “Special Handling.”

In both the “basic” and the “special handling” process, the company needs to complete a formal recruitment process to document that there are no minimally certified U.S. employees offered or that, when it comes to positions that have a teaching component, that the chosen prospect is the best certified. It is typical that this recruitment process should be finished well after the foreign nationwide staff member started 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 established. This date is crucial to figure out when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves 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 initial step of the green card procedure.

3. Adjustment of Status or job Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can use for the change of their status (Form I-485) to that of a legal permanent homeowner. Instead of applying for the Adjustment of Status, a foreign nationwide may likewise obtain an immigrant visa at a U.S. consulate or job embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the “concern date” is existing. In practice this means that, depending on one’s country of birth and EB-category, there may be a backlog. The backlog exists due to the fact that more people use for permits in a given category than there are offered permit visa numbers. The total variety of green cards is further restricted by the truth that, with some exceptions, no more than seven percent of all green cards in a given preference classification can go to individuals born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s concern date date has 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 got the I-140 petition.

Note that the Visa Bulletin includes 2 separate tables with concern 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 instances, USCIS may accept the I-485 application if the priority 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 official Visa Bulletin is released. USCIS publishes this details on its website committed to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted concurrently.