Green Card Application Process
With minimal exceptions, all EB-2 and EB-3 permit applications require that the company 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 step. Prior to having the ability to submit the Labor Certification application, the company should get a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. employees readily available for the positions through the conclusion of a competitive recruitment procedure.
When it comes to positions that contain mentor responsibilities, employment the company must document that the selected candidate is the “best qualified” for the position. This procedure is frequently called “Special Handling.”
In both the “fundamental” and the “unique handling” procedure, the employer needs to finish a formal recruitment process to document that there are no minimally certified U.S. employees readily available or that, when it comes to positions that have a teaching component, that the selected candidate is the finest qualified. It is typical that this recruitment procedure must be finished well after the foreign national employee 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 the candidate is . This date is crucial to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top 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 needed (e.g. EB-1), employment the filing of the I-140 is the initial step of the green card process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been authorized by USCIS, the foreign national can get the change of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of requesting the Adjustment of Status, employment a foreign nationwide might also look for an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be filed until and unless the “concern date” is present. In practice this implies that, depending upon one’s nation of birth and EB-category, employment there may be a backlog. The stockpile exists since more individuals apply for employment green cards in a provided category than there are offered green card visa numbers. The total number of permits is further limited by the truth that, with some exceptions, no greater than seven percent of all permits in an offered preference category can go to individuals born in a given nation. The backlog is upgraded each month by the U.S. Department of State and employment is released in the Visa Bulletin.
Once someone’s top priority date date has actually been reached, as suggested 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, or, if no Labor Certification was required, USCIS got the I-140 petition.
Note that the Visa Bulletin consists of 2 different tables with top priority cut-off dates. The actual 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 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 official Visa Bulletin is published. USCIS releases this info on its website committed to the Visa Bulletin.
Sometimes, it might 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 likewise be denied if submitted simultaneously.
