Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most strenuous step. Prior to having the ability to submit the Labor Certification application, the company needs to obtain a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions which contain teaching responsibilities, the company should record that the chosen candidate is the «finest certified» for the position. This process is frequently called «Special Handling.»

In both the «fundamental» and the «unique handling» procedure, employment the company should complete a formal recruitment procedure to record that there are no minimally certified U.S. employees available or that, when it comes to positions that have a mentor part, that the chosen candidate is the finest qualified. It is common that this recruitment procedure should be completed well after the foreign nationwide employee began their position at the University.

As soon as the Labor employment Certification has been submitted with the Department of Labor, the «concern date» for the applicant is established. This date is necessary to figure out 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 employment 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 primary step of the permit procedure.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, employment the foreign national can look for the modification 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 also get 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 «top priority date» is current. In practice this means that, depending on one’s nation of birth and EB-category, employment there may be a stockpile. The backlog exists because more people look for permits in a given category than there are offered permit visa numbers. The total variety of green cards is additional limited by the truth that, with some exceptions, no greater than 7 percent of all permits in an offered choice category can go to individuals born in a provided country. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s top priority date date has actually been reached, as indicated 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 received the I-140 petition.

Note that the Visa Bulletin consists of 2 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 may 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 may be utilized numerous days after the main Visa Bulletin is released. USCIS releases this on its website committed to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the same time. This is not always advised, even if it is possible. If the I-140 is denied, employment the I-485 will likewise be denied if submitted simultaneously.