Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is frequently the hardest and most arduous action. Prior to having the ability to file the Labor Certification application, the company needs to acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching duties, the company must document that the selected candidate is the “best qualified” for the position. This procedure is frequently called “Special Handling.”

In both the “fundamental” and the “special handling” process, the company should complete a formal recruitment procedure to document that there are no minimally certified U.S. employees available or that, when it comes to positions that have a teaching component, that the chosen candidate is the best certified. It is common that this recruitment procedure must be completed well after the foreign nationwide employee started their position at the University.

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

2. Immigrant Petition

Once the Department of Labor employment 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 green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of obtaining the Adjustment of Status, a foreign nationwide may also get 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 “priority date” is existing. In practice this suggests that, depending on one’s country of birth and EB-category, there might be a backlog. The stockpile exists since more individuals obtain green cards in an offered category than there are readily available permit visa numbers. The total variety of permits is more restricted by the reality that, with some exceptions, no more than 7 percent of all permits in a given choice category can go to individuals born in a given nation. The backlog is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has been reached, employment as indicated in the Visa Bulletin, employment 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 contains two separate tables with priority 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 circumstances, USCIS might accept the I-485 application if the 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 main Visa Bulletin is published. USCIS releases this details on its website dedicated to the Visa Bulletin.

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