Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is frequently the hardest and most strenuous step. Prior to having the ability to file the Labor job Certification application, the company must obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers available for job the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching duties, the employer needs to document that the chosen applicant is the “best certified” for the position. This process is typically called “Special Handling.”

In both the “fundamental” and the “unique handling” procedure, the company needs to finish an official recruitment process to record that there are no minimally qualified U.S. employees available or that, when it comes to positions that have a mentor job part, that the selected prospect is the finest qualified. It that this recruitment procedure need to be finished well after the foreign national worker began their position at the University.

As quickly as the Labor job Certification has been submitted with the Department of Labor, the “concern date” for the applicant is developed. This date is necessary to identify when somebody can finish action # 3, job i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor authorizes 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of looking for the Adjustment of Status, a foreign nationwide may also request 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 present. In practice this suggests that, depending upon one’s country of birth and EB-category, there might be a backlog. The backlog exists because more individuals request permits in an offered category than there are available permit visa numbers. The total variety of green cards is additional limited by the reality that, with some exceptions, no more than seven percent of all green cards in a given choice classification can go to people born in a given nation. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s concern date date has actually been reached, as suggested 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 required, USCIS received the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with concern cut-off dates. The actual cut-off dates are shown in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some instances, USCIS may accept the I-485 application if the top priority date is present 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 numerous days after the main Visa Bulletin is released. USCIS publishes this details on its site devoted to the Visa Bulletin.

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