Green Card Application Process

With minimal exceptions, all EB-2 and EB-3 green card applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For employment petitions requiring this step, the Labor Certification procedure is often the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the employer must acquire a fundamental wage from the Department of Labor employment and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.

In the case of positions that consist of teaching tasks, the employer should record that the selected applicant is the «best qualified» for the position. This procedure is typically called «Special Handling.»

In both the «standard» and employment the «special handling» procedure, the employer must complete a formal recruitment procedure to record that there are no minimally certified U.S. workers offered or that, in the case of positions that have a mentor component, that the selected candidate is the finest certified. It prevails that this recruitment process should be completed well after the foreign national staff member started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the «concern date» for the candidate is developed. This date is very important to determine when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 filed with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the first step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of making an application for the Adjustment of Status, 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 up until and unless the «priority date» is existing. In practice this indicates that, depending upon one’s nation of birth and EB-category, there may be a backlog. The stockpile exists because more individuals obtain permits in a given category than there are available green card visa numbers. The total number of green cards is additional restricted by the truth that, with some exceptions, no more than 7 percent of all permits in a given preference classification can go to people born in an offered nation. The stockpile is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s top priority date date has actually 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 Certification was required, USCIS got the I-140 .

Note that the Visa Bulletin contains two separate tables with 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 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 may be utilized several days after the official Visa Bulletin is published. USCIS publishes this info on its site committed to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and I-485 at the exact same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted simultaneously.