Permit Application Process

With minimal exceptions, all EB-2 and EB-3 green card applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is frequently the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

In the case of positions that consist of mentor employment tasks, the company must record that the selected candidate is the “finest qualified” for the position. This process is typically called “Special Handling.”

In both the “basic” and the “special handling” procedure, the company needs to finish an official recruitment process to record that there are no minimally certified U.S. employees offered or that, in the case of positions that have a teaching element, that the picked prospect is the best qualified. It is common that this recruitment process need to be finished well after the foreign nationwide staff member began their position at the University.

As soon as the Labor Certification has actually been filed with the Department of Labor, the “top priority date” for the candidate is established. This date is essential to figure out when someone can complete action # 3, employment 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 filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can apply for 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 nationwide might likewise look for 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 existing. In practice this means that, depending upon one’s country of birth and EB-category, there may be a stockpile. The backlog exists due to the fact that more individuals apply for green cards in a provided category than there are available permit visa numbers. The overall number of permits is additional restricted by the reality that, with some exceptions, no more than 7 percent of all green cards in a given choice category can go to individuals born in an offered nation. The stockpile is upgraded each month by the U.S. Department of State and employment is released in the Visa Bulletin.

Once somebody’s priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The concern date is the date on which the Labor 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 includes two different tables with priority cut-off dates. The actual 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 priority date is current based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be utilized several days after the main Visa is released. USCIS publishes this info on its website dedicated to the Visa Bulletin.

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