Permit Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is often the hardest and most arduous step. Prior to being able to submit the Labor Certification application, the company must acquire a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain mentor duties, the employer must document that the selected applicant is the « best qualified » for the position. This process is frequently called « Special Handling. »

In both the « fundamental » and the « special handling » procedure, the employer should finish an official recruitment procedure to record that there are no minimally qualified U.S. workers available or employment that, in the case of positions that have a mentor component, that the chosen prospect is the best qualified. It is typical that this recruitment procedure should be finished well after the foreign national worker began their position at the University.

As quickly as the Labor employment Certification has been filed with the Department of Labor, the « priority date » for employment the candidate is developed. This date is essential to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established 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 primary step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can get the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of looking for the Adjustment of Status, a foreign national may also obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed until and unless the « concern date » is present. In practice this means that, depending upon one’s country of birth and EB-category, there may be a stockpile. The stockpile exists since more people request permits in an offered classification than there are available green card visa numbers. The overall variety of green cards is additional restricted by the fact that, with some exceptions, no greater than 7 percent of all permits in a given preference classification can go to individuals born in a provided country. The backlog is upgraded 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 suggested 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 required, USCIS got the I-140 .

Note that the Visa Bulletin includes 2 different tables with top 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 may accept the I-485 application if the concern date is existing based upon 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 published. USCIS releases this information on its site devoted to the Visa Bulletin.

In some cases, it may be possible to submit the I-140 and employment 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 likewise be denied if filed concurrently.