Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is often the hardest and most tough action. Prior to having the ability to file the Labor job Certification application, the employer should get a fundamental wage from the Department of Labor job and prove that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that include mentor responsibilities, the employer needs to document that the selected applicant is the « best qualified » for the position. This procedure is typically called « Special Handling. »

In both the « standard » and the « unique handling » procedure, the employer must finish an official recruitment process to document that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a mentor element, that the chosen candidate is the very best certified. It is typical that this recruitment procedure should be completed well after the foreign nationwide employee started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the « concern date » for job the candidate is established. This date is crucial to identify when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is 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 filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), job the filing of the I-140 is the first step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can apply for the change of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of getting the Adjustment of Status, a foreign national might likewise apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until and unless the « concern date » is present. In practice this implies that, depending on one’s nation of birth and EB-category, there may be a backlog. The stockpile exists due to the fact that more people look for permits in an offered classification than there are available green card visa numbers. The total variety of permits is additional limited by the reality that, with some exceptions, no more than seven percent of all permits in an offered choice classification can go to people born in a given nation. The backlog is updated each month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin includes two separate 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 may be utilized numerous days after the official Visa Bulletin is published. USCIS publishes this information on its website devoted to the Visa Bulletin.

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