Green Card Application Process

With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For job petitions requiring this step, the Labor Certification process is often the hardest and job most . Prior job to having the ability to submit the Labor Certification application, the employer must obtain a fundamental 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 process.

When it comes to positions that consist of mentor responsibilities, the company needs to record that the selected candidate is the “best certified” for the position. This process is frequently called “Special Handling.”

In both the “basic” and the “unique handling” process, the employer must finish a formal recruitment procedure to record that there are no minimally qualified U.S. employees available or that, when it comes to positions that have a teaching part, that the selected prospect is the very best qualified. It prevails that this recruitment process should be finished well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the “concern date” for the applicant is established. This date is necessary to identify when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 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 Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can request the change of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of getting the Adjustment of Status, a foreign national might likewise obtain 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 “top priority date” is present. In practice this indicates that, depending on one’s country of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals request green cards in a given classification than there are available green card visa numbers. The total variety of green cards is further limited by the reality that, with some exceptions, no greater than seven percent of all permits in a given preference category can go to people born in an offered nation. The stockpile is updated each month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s 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 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 consists of two different tables with top priority cut-off dates. The real cut-off dates are indicated 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 priority date is present based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be utilized numerous days after the official Visa Bulletin is released. USCIS releases this info on its website dedicated to the Visa Bulletin.

Sometimes, 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 rejected if filed concurrently.