Permit Application Process

With minimal 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 action, the Labor Certification process is frequently the hardest and employment most strenuous action. Prior to having the ability to submit the Labor Certification application, the company must get a prevailing wage from the Department of Labor and prove 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 that consist of teaching responsibilities, the company must document that the picked applicant is the «finest qualified» for the position. This process is typically called «Special Handling.»

In both the «standard» and employment the «special handling» process, the company needs to complete an official recruitment procedure to document that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a teaching element, that the chosen candidate is the very best qualified. It is common that this recruitment procedure need to be finished well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, employment the «concern date» for the applicant is established. This date is necessary to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the priority 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 needed (e.g. EB-1), the filing of the I-140 is the first action of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the can make an application for employment the modification of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of applying for the Adjustment of Status, a foreign nationwide might also use for an immigrant visa at a U.S. consulate or employment embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the «priority date» is present. In practice this indicates that, depending upon one’s nation of birth and EB-category, there might be a backlog. The stockpile exists because more individuals obtain permits in a provided classification than there are offered green card visa numbers. The total number of green cards is further restricted by the truth that, with some exceptions, no greater than seven percent of all green cards in an offered choice category can go to individuals born in an offered country. The backlog is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The top 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 received the I-140 petition.

Note that the Visa Bulletin includes two separate tables with 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 upon table B «Dates for Filing of Employment-based Visa Applications.» Note that USCIS will make a determination whether Table B may be utilized a number of days after the main Visa Bulletin is published. USCIS releases this information on its website devoted to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed simultaneously.