Green Card Application Process

With minimal exceptions, employment all EB-2 and EB-3 green card applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is typically the hardest and most tough step. Prior employment to being able to file the Labor Certification application, the company must get a fundamental wage from the Department of Labor employment and show that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

In the case of positions which contain teaching responsibilities, employment the employer should record that the chosen applicant is the “finest certified” for the position. This procedure is frequently called “Special Handling.”

In both the “basic” and the “special handling” process, the employer should finish an official recruitment process to document that there are no minimally certified U.S. workers available or that, in the case of positions that have a teaching component, that the chosen candidate is the best qualified. It is typical that this recruitment procedure must be completed well after the foreign national staff member started their position at the University.

As soon as the Labor Certification has actually been filed with the Department of Labor, the “concern date” for the applicant is established. This date is essential to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor employment 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, 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 first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the can make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of getting the Adjustment of Status, a foreign national may likewise request 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 “concern date” is current. In practice this suggests that, depending on one’s country of birth and EB-category, there may be a backlog. The backlog exists because more individuals obtain green cards in a given category than there are offered green card visa numbers. The total variety of permits is more restricted by the truth that, with some exceptions, no greater than seven percent of all green cards in a given preference classification can go to individuals 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 someone’s priority date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be filed. The top priority date is the date on which the Labor employment Certification was filed with the Department of Labor, or, if no Labor employment Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with concern cut-off dates. The actual cut-off dates are shown 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 priority date is present based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B may be used numerous days after the official Visa Bulletin is published. USCIS publishes this details on its website devoted to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the very same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted simultaneously.