Green Card Application Process

With limited exceptions, all EB-2 and EB-3 permit applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is often the hardest and most strenuous step. Prior to having the ability to submit the Labor Certification application, the company must acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers available for referall.us the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain teaching duties, the employer needs to document that the chosen applicant is the “finest certified” for the position. This process is typically called “Special Handling.”

In both the “standard” and the “unique handling” process, the company must complete an official recruitment process to document that there are no U.S. employees available or that, when it comes to positions that have a teaching element, that the picked prospect is the very best certified. It prevails that this recruitment process must be finished well after the foreign national staff member started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the “concern date” for the candidate is developed. This date is crucial to determine when someone can finish step # 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 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can apply for the change of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of applying for the Adjustment of Status, a foreign national may likewise get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the “priority date” is present. In practice this suggests that, depending on one’s nation of birth and EB-category, there might be a stockpile. The backlog exists since more individuals get permits in a given category than there are offered green card visa numbers. The total number of permits is further limited by the reality that, with some exceptions, no greater than seven percent of all green cards in an offered preference category can go to people born in a given country. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

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

Note that the Visa Bulletin includes two different tables with priority cut-off dates. The real cut-off dates are suggested in table A “Application Final Action Dates for Employment-based Preference Cases.” However, somalibidders.com in some circumstances, USCIS may accept the I-485 application if the top priority 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 may be utilized several days after the main Visa Bulletin is released. USCIS publishes this information on its site devoted to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the very same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed concurrently.