Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is typically the hardest and most tough action. Prior to being able to submit the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor responsibilities, the company should record that the chosen candidate is the „finest certified“ for the position. This process is frequently called „Special Handling.“

In both the „standard“ and the „special handling“ procedure, the company must finish an official recruitment procedure to document that there are no minimally certified U.S. employees available or that, in the case of positions that have a mentor part, that the selected candidate is the very best certified. It prevails that this recruitment process need to be completed well after the foreign nationwide worker started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the „concern date“ for the applicant is established. This date is very important to identify when somebody can complete action # 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 submitted 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can make an application for the adjustment of their (Form I-485) to that of a legal long-term citizen. Instead of obtaining the Adjustment of Status, a foreign nationwide might also look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until 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 stockpile. The stockpile exists since more people obtain green cards in a provided category than there are readily available green card visa numbers. The total variety of permits is additional restricted by the truth that, with some exceptions, no more than seven percent of all permits in an offered choice classification can go to individuals born in a provided nation. The stockpile is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin contains two separate tables with top priority 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 may accept the I-485 application if the concern date is present based on table B „Dates for Filing of Employment-based Visa Applications.“ Note that USCIS will make a decision whether Table B may be used several days after the official Visa Bulletin is released. USCIS releases this information on its website dedicated to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the very same time. This is not always advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted simultaneously.