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1 Permit Application Process

With limited exceptions, all EB-2 and EB-3 green card applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is typically the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the company needs to acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the completion of a competitive recruitment process.

When it comes to positions that consist of mentor tasks, the company must document that the selected candidate is the "finest certified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "special handling" procedure, the company must finish an official recruitment process to record that there are no minimally certified U.S. workers readily available or that, when it comes to positions that have a part, that the chosen prospect is the best certified. It prevails that this recruitment process need to 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 "top priority date" for employment the candidate is established. This date is very important to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 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 green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign national can use for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of looking for the Adjustment of Status, a foreign national may also use 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 existing. In practice this means that, depending on one's nation of birth and EB-category, there might be a backlog. The stockpile exists due to the fact that more individuals use for permits in a provided category than there are offered permit visa numbers. The overall number of green cards is further restricted by the reality that, with some exceptions, no greater than seven percent of all green cards in a given choice category can go to individuals born in a provided nation. The stockpile is upgraded 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 indicated 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 Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin contains two 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 circumstances, USCIS may accept the I-485 application if the top priority date is current based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used several days after the main Visa Bulletin is released. USCIS releases this info on its website devoted to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and I-485 at the same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted concurrently.