Permit Application Process

With restricted exceptions, all EB-2 and EB-3 permit 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 typically the hardest and most arduous action. Prior to being able to file the Labor Certification application, the employer must acquire a prevailing 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 must record that the chosen candidate is the „finest qualified“ for the position. This process is commonly called „Special Handling.“

In both the „basic“ and the „unique handling“ procedure, the employer should finish an official recruitment process to document that there are no minimally certified U.S. workers available or that, when it comes to positions that have a mentor element, that the chosen prospect is the finest qualified. It is typical that this recruitment process must be completed well after the foreign nationwide worker started their position at the University.

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

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the primary step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can get the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of looking for 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 till and unless the „concern date“ is existing. In practice this suggests that, depending on one’s nation of birth and EB-category, there may be a stockpile. The stockpile exists due to the fact that more individuals request permits in a provided classification than there are offered green card visa numbers. The total number of permits is additional restricted by the reality that, with some exceptions, no more than seven percent of all green cards in a provided choice classification can go to individuals born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has actually been reached, job as indicated in the Visa Bulletin, the I-485 can be filed. The concern date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin includes 2 separate tables with priority cut-off dates. The dates are suggested in table A „Application Final Action Dates for Employment-based Preference Cases.“ However, in some circumstances, USCIS may accept the I-485 application if the top priority date is present based on table B „Dates for Filing of Employment-based Visa Applications.“ Note that USCIS will make a determination whether Table B may be utilized several 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 I-485 at the same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted concurrently.