Green Card Application Process

With limited exceptions, all EB-2 and EB-3 require that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is frequently the hardest and most difficult action. Prior to being able to submit the Labor Certification application, the employer should obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor tasks, the employer must record that the selected candidate is the „best certified“ for the position. This procedure is typically called „Special Handling.“

In both the „standard“ and the „unique handling“ procedure, the company needs to complete an official recruitment procedure to record that there are no minimally certified U.S. workers offered or that, in the case of positions that have a teaching component, that the picked candidate is the best qualified. It prevails that this recruitment process must be completed well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the „top priority date“ for the applicant is developed. This date is very important to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor authorizes the Labor employment Certification, the Immigrant Petition (Form I-140) can be submitted 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of requesting the Adjustment of Status, a foreign nationwide may likewise request an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the „priority date“ is present. In practice this means that, depending on one’s nation of birth and EB-category, there might be a backlog. The backlog exists because more individuals look for permits in an offered classification than there are offered green card visa numbers. The overall number of green cards is further limited by the reality that, with some exceptions, no greater than 7 percent of all green cards in a given choice category can go to people born in an offered country. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

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

Note that the Visa Bulletin contains two different tables with priority cut-off dates. The real cut-off dates are indicated 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 current based on table B „Dates for Filing of Employment-based Visa Applications.“ Note that USCIS will make a determination whether Table B may be used several days after the main Visa Bulletin is published. USCIS publishes this information on its site committed to the Visa Bulletin.

Sometimes, it may be possible to file 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 denied, the I-485 will likewise be denied if submitted concurrently.