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Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor Certification from the U.S. Department of Labor. For this action, the Labor Certification procedure is frequently the hardest and most difficult step. Prior to having the ability to file the Labor Certification application, the employer must get a fundamental wage from the Department of Labor and job show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that consist of mentor tasks, the employer should document that the chosen candidate is the “best qualified” for job the position. This procedure is commonly called “Special Handling.”

In both the “basic” and the “unique handling” process, the company should complete a formal recruitment process to document that there are no minimally certified U.S. employees offered or that, when it comes to positions that have a mentor component, that the picked prospect is the very best qualified. It prevails that this recruitment process need to be finished well after the foreign nationwide employee began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the “concern date” for the candidate is established. This date is essential to figure out when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is developed 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 submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), 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 authorized by USCIS, job the foreign nationwide can request the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of applying for the Adjustment of Status, a foreign national might also use 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 “priority date” is present. In practice this suggests that, depending upon one’s nation of birth and EB-category, there may be a backlog. The stockpile exists because more people get green cards in an offered classification than there are readily available permit visa numbers. The overall number of green cards is further limited by the reality that, with some exceptions, no greater than 7 percent of all green cards in an offered preference classification can go to people born in a provided country. The stockpile is updated every month by the U.S. Department of State and job is released in the Visa Bulletin.

Once someone’s top priority date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be filed. The priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with top priority 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 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 a number of days after the main Visa Bulletin is published. USCIS publishes this information on its site devoted to the Visa Bulletin.

In many cases, it may be possible to submit the I-140 and I-485 at the same time. This is not constantly advised, job even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted concurrently.