Green Card Application Process

With minimal exceptions, all EB-2 and EB-3 green card applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and most tough step. Prior to being able to submit the Labor somalibidders.com Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

In the case of positions that consist of teaching duties, the employer should record that the chosen candidate is the „best qualified” for the position. This process is frequently called „Special Handling.”

In both the „basic” and the „unique handling” procedure, the company must finish a formal recruitment process to document that there are no minimally qualified U.S. workers readily available or that, in the case of positions that have a mentor component, that the selected prospect is the best qualified. It prevails that this recruitment procedure need to be finished well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the „priority date” for the applicant is developed. This date is very important to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top priority 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 filed with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the primary 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 national can look for the change of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of making an application for adremcareers.com the Adjustment of Status, a may also 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 „concern date” is present. In practice this implies that, depending upon one’s nation of birth and EB-category, there might be a backlog. The stockpile exists because more individuals apply for permits in an offered classification than there are offered permit visa numbers. The total number of permits is more limited by the reality that, with some exceptions, referall.us no greater than seven percent of all green cards in a provided preference category can go to individuals born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has 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 contains 2 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 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 utilized several days after the main Visa Bulletin is published. USCIS releases this details on its website devoted to the Visa Bulletin.

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