Green Card Application Process

With limited exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is frequently the hardest and employment most arduous action. Prior to being able to submit the Labor Certification application, the company needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain teaching responsibilities, employment the employer should record that the selected applicant is the “finest certified” for the position. This procedure is commonly called “Special Handling.”

In both the “basic” and the “special handling” process, the company should finish a formal recruitment procedure to record that there are no minimally qualified U.S. workers available or employment that, when it comes to positions that have a mentor part, that the chosen candidate is the very best qualified. It prevails that this recruitment procedure must be completed well after the foreign national worker began their position at the University.

As soon as the Labor employment Certification has actually been filed with the Department of Labor, the “top priority date” for the applicant is developed. This date is necessary to identify when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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 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 request the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of obtaining the Adjustment of Status, a foreign nationwide may likewise obtain 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 “top priority date” is current. In practice this suggests that, depending upon one’s nation of birth and EB-category, there may be a backlog. The stockpile exists due to the fact that more individuals obtain green cards in a given category than there are available permit visa numbers. The overall number of green cards is more restricted by the fact that, with some exceptions, no more than 7 percent of all permits in a provided preference classification can go to people born in an offered nation. The backlog is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin includes 2 different tables with concern 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 circumstances, USCIS may 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 decision whether Table B might be used several days after the Bulletin is published. USCIS releases this information on its site committed to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted simultaneously.