Permit Application Process

With limited exceptions, all EB-2 and EB-3 green card applications require that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is frequently the hardest and most difficult step. Prior to being able to submit the Labor Certification application, the company should get a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment process.

In the case of positions which contain teaching responsibilities, the employer should record that the chosen candidate is the “finest certified” for employment the position. This procedure is typically called “Special Handling.”

In both the “fundamental” and the “special handling” process, the employer must complete an official recruitment procedure to record that there are no minimally qualified U.S. employees offered or employment that, in the case of positions that have a teaching element, that the selected candidate is the very best certified. It is typical that this recruitment procedure should be completed well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, employment the “top priority date” for the applicant is developed. This date is very important to figure out when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is needed, the top 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), employment 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 authorized by USCIS, the foreign national can look for the change of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of applying for the Adjustment of Status, a foreign nationwide might also apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the “priority date” is present. In practice this suggests that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals make an application for green cards in a provided classification than there are readily available permit visa numbers. The total variety of green cards is additional restricted by the truth that, with some exceptions, no more than 7 percent of all green cards in a provided choice category can go to individuals born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s concern date date has been reached, as suggested 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 of Labor, or, employment if no Labor Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin includes two separate tables with concern 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 top priority date is current based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B might be utilized numerous days after the official Visa Bulletin is published. USCIS publishes this info on its site dedicated to the Visa Bulletin.

In some 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 rejected, the I-485 will also be denied if filed simultaneously.