Permit Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications need that the company get a Labor employment Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is typically the hardest and most difficult action. Prior to having the ability to submit the Labor Certification application, the employer needs to get a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.

In the case of positions that include teaching duties, the employer must document that the chosen applicant is the “best qualified” for the position. This procedure is commonly called “Special Handling.”

In both the “fundamental” and the “special handling” process, the employer needs to finish an official recruitment process to record that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a mentor component, that the picked candidate is the finest certified. It prevails that this recruitment procedure 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 filed with the Department of Labor, the “top priority date” for the candidate is established. This date is very important to determine when someone can complete step # 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can obtain the modification of their non-immigrant status (Form I-485) to that of a legal . Instead of obtaining the Adjustment of Status, a foreign nationwide might also request an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the “priority date” is existing. In practice this indicates that, depending on one’s country of birth and EB-category, there might be a backlog. The stockpile exists because more people request green cards in a provided classification than there are offered green card visa numbers. The total number of green cards is additional restricted by the fact that, with some exceptions, no more than 7 percent of all green cards in a provided choice classification can go to individuals born in an offered nation. The backlog is upgraded each month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin contains 2 separate tables with priority 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 priority date is present 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 a number of days after the official Visa Bulletin is published. USCIS releases this info on its website committed to the Visa Bulletin.

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