Coworkee

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About Us

Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and most difficult action. Prior to being able to file the Labor employment Certification application, the employer must acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor responsibilities, 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” process, the company should finish an official recruitment process to document that there are no minimally qualified U.S. workers readily available or that, in the case of positions that have a mentor element, that the picked candidate is the best qualified. It is common that this recruitment procedure should be finished well after the foreign nationwide 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 candidate is developed. This date is very important to identify when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, employment 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 permit .

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign national can look for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of requesting the Adjustment of Status, a foreign national might likewise request 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 “top priority date” is existing. In practice this implies that, depending upon one’s nation of birth and EB-category, employment there might be a backlog. The backlog exists since more people get permits in a provided category than there are available permit visa numbers. The overall variety of permits is more restricted by the fact that, with some exceptions, no greater than seven percent of all green cards in a provided choice category can go to people born in a provided country. The stockpile is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s top priority date date has actually 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 filed with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with 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 top priority date is existing based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be used several days after the main Visa Bulletin is published. USCIS releases this info on its site devoted to the Visa Bulletin.

Sometimes, employment it might be possible to submit the I-140 and I-485 at the same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if filed simultaneously.