Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the company get a Labor Certification from the U.S. Department of Labor. For employment petitions needing this step, the Labor Certification procedure is often the hardest and most tough action. Prior to having the ability to submit the Labor employment Certification application, the employer needs to get a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the completion of a competitive recruitment process.

When it comes to positions that contain mentor responsibilities, the employer should document that the selected candidate is the „best qualified” for the position. This procedure is frequently called „Special Handling.”

In both the „basic” and the „unique handling” procedure, the employer should finish 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 teaching part, that the selected candidate is the very best qualified. It is typical that this recruitment procedure need to be finished well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the „concern date” for employment the applicant is developed. This date is essential to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is required, the top 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 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 green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can obtain the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise make an application for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the „concern date” is present. In practice this means that, depending on one’s country of birth and EB-category, there may be a backlog. The backlog exists since more individuals obtain green cards in an offered classification than there are available green card visa numbers. The total number of green cards is more restricted by the truth that, with some exceptions, no greater than 7 percent of all green cards in an offered choice classification can go to people born in a provided country. The stockpile is upgraded each month by the U.S. Department of State and employment is released in the Visa Bulletin.

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

Note that the Visa Bulletin includes 2 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 may accept the I-485 application if the priority date is existing based on table B „Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be used numerous days after the official Visa Bulletin is published. USCIS publishes this info on its website devoted to the Visa .

Sometimes, employment it might be possible to submit the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted concurrently.