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 step, the Labor Certification procedure is typically the hardest and most difficult action. Prior to being able to file the Labor Certification application, the employer should obtain a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment process.

When it comes to positions which contain teaching responsibilities, the company should record that the picked candidate is the “finest qualified” for the . This process is commonly called “Special Handling.”

In both the “standard” and the “special handling” process, the company needs to complete a formal recruitment process to document that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a teaching part, that the chosen candidate is the very best certified. It prevails that this recruitment procedure must be completed well after the foreign nationwide employee started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, employment the “top priority date” for the candidate is established. This date is very important to determine when someone 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 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 first step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can obtain the change of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of making an application for the Adjustment of Status, a foreign national may likewise apply 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 “concern date” is existing. In practice this suggests that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals make an application for employment permits in a given category than there are available permit visa numbers. The total variety of permits is additional limited by the fact that, with some exceptions, no more than seven percent of all permits in a provided choice category can go to individuals born in a provided nation. The stockpile is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s concern 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 filed with the Department of Labor, employment or, if no Labor Certification was required, 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 suggested 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 current 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 released. USCIS publishes this details on its site committed to the Visa Bulletin.

In some cases, employment it may be possible to file the I-140 and I-485 at the very same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted simultaneously.