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Green Card Application Process

With minimal 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 needing this step, the Labor Certification procedure is typically the hardest and most tough action. Prior to being able to file the Labor Certification application, job the employer must acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees available for the positions through the completion of a competitive recruitment process.

When it comes to positions that consist of teaching responsibilities, the employer should document that the picked applicant is the “finest certified” for the position. This procedure is frequently called “Special Handling.”

In both the “standard” and the “unique handling” procedure, the employer should finish a formal recruitment procedure to document that there are no minimally certified U.S. employees offered or that, when it comes to positions that have a teaching component, that the selected prospect is the very best certified. It prevails that this recruitment process should be finished 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 applicant is established. This date is necessary to determine when someone can finish step # 3, job 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 authorizes the Labor job 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 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, job the foreign national can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of using for the Adjustment of Status, a foreign national might likewise get 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 existing. In practice this means that, depending upon one’s country of birth and EB-category, there might be a backlog. The stockpile exists due to the fact that more individuals get permits in a given classification than there are offered permit visa numbers. The overall variety of green cards is more limited by the fact that, with some exceptions, no greater than 7 percent of all green cards in a provided preference classification can go to people born in a given nation. The backlog is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s priority date date has actually been reached, as shown 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, job or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 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 circumstances, USCIS may accept the I-485 application if the date is present based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B might be utilized numerous days after the main Visa Bulletin is released. USCIS releases this information on its website committed to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the exact 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 concurrently.