Permit Application Process

With limited exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification is typically the hardest and most strenuous step. Prior to having the ability to file the Labor Certification application, the company needs to obtain a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. employees available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor tasks, job the employer needs to record that the selected applicant is the « best qualified » for the position. This procedure is frequently called « Special Handling. »

In both the « fundamental » and job the « special handling » process, the company needs to complete an official recruitment process to record that there are no minimally qualified U.S. workers offered or that, when it comes to positions that have a mentor component, job that the chosen prospect is the best certified. It is common that this recruitment process must be completed well after the foreign national employee started their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the « priority date » for the candidate is developed. This date is necessary to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is established 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 job Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the green card process.

3. Adjustment of Status or job Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can use for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of making an application for the Adjustment of Status, a foreign national may likewise obtain 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 « top priority date » is existing. In practice this indicates that, depending on one’s nation of birth and EB-category, there may be a stockpile. The stockpile exists because more individuals make an application for green cards in an offered category than there are available green card visa numbers. The total number of green cards is more limited by the reality that, with some exceptions, no greater than 7 percent of all permits in a given preference classification can go to people born in a given nation. The backlog is upgraded monthly by the U.S. Department of State and is released 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 concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with concern 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 existing 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 main Visa Bulletin is published. USCIS publishes this info on its website dedicated to the Visa Bulletin.

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