Green Card Application Process

With limited exceptions, employment all EB-2 and EB-3 permit applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor employment Certification process is typically the hardest and most strenuous action. Prior to having the ability to file the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment process.

In the case of positions that include teaching responsibilities, the company needs to record that the chosen candidate is the “finest certified” for the position. This procedure is typically called “Special Handling.”

In both the “basic” and the “unique handling” procedure, the company must complete an official recruitment process to document that there are no minimally certified U.S. employees readily available or that, in the case of positions that have a mentor part, that the chosen candidate is the best qualified. It is common that this recruitment process must be finished well after the foreign national employee started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the “top priority date” for employment the applicant is developed. This date is very important to determine when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, employment the top 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, employment the Immigrant Petition (Form I-140) can be submitted with USCIS. In cases where no Labor Certification is needed (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 look for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of making an application for the Adjustment of Status, a foreign nationwide might also request an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the “priority date” is current. In practice this suggests that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The backlog exists since more individuals get green cards in a provided category than there are offered green card visa numbers. The total variety of permits is more limited by the fact that, with some exceptions, no greater than seven percent of all permits in a given choice category can go to individuals born in a given nation. The backlog is updated every month 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 filed. The concern date is the date on which the Labor employment 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 of two separate tables with top priority cut-off dates. The real 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 top priority 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 used several days after the official Visa Bulletin is released. USCIS publishes this info on its website devoted to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed concurrently.