Green Card Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most strenuous action. Prior to having the ability to file the Labor Certification application, the company needs to obtain a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

When it comes to positions that contain mentor tasks, the employer should document that the chosen applicant is the „finest qualified“ for the position. This procedure is frequently called „Special Handling.“

In both the „standard“ and the „unique handling“ procedure, employment the company needs to finish an official recruitment process to document that there are no minimally certified U.S. workers available or that, in the case of positions that have a mentor element, that the chosen prospect is the very best certified. It prevails that this recruitment process should be completed well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the „priority date“ for the candidate is developed. This date is very important to determine when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor 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), the filing of the I-140 is the initial 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 nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of using for the Adjustment of Status, a foreign national might likewise make an for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed up until and unless the „top priority date“ is current. In practice this indicates that, depending on one’s country of birth and EB-category, there might be a backlog. The stockpile exists because more individuals make an application for permits in a provided classification than there are readily available green card visa numbers. The overall variety of permits is more restricted by the truth that, with some exceptions, no more than seven percent of all permits in a given preference 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 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, if no Labor Certification was required, USCIS got the I-140 petition.

Note that the Visa Bulletin includes 2 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 utilized a number of days after the official Visa Bulletin is published. USCIS publishes this information on its website dedicated to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the very same time. This is not always recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if filed simultaneously.