Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is often the hardest and job most arduous step. Prior to having the ability to submit the Labor Certification application, the employer should acquire a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. workers available for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain mentor job tasks, the employer needs to record that the chosen candidate is the “best qualified” for job the position. This procedure is commonly called “Special Handling.”

In both the “standard” and the “unique handling” procedure, the company needs to finish a formal recruitment procedure to document that there are no minimally qualified U.S. employees available or that, when it comes to positions that have a teaching element, that the selected prospect is the best qualified. It is typical that this recruitment process must be completed well after the foreign national staff member started their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “priority date” for the candidate is established. This date is very important to identify when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is 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 very first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, job the foreign national can request the modification of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of obtaining the Adjustment of Status, a foreign national may likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the “priority date” is existing. In practice this implies that, depending on one’s country of birth and EB-category, there might be a backlog. The stockpile exists due to the fact that more individuals obtain green cards in an offered classification than there are offered permit visa numbers. The overall number of green cards is further limited by the truth that, with some exceptions, no greater than seven percent of all permits in an offered choice category can go to people born in a given nation. The backlog is upgraded monthly by the U.S. Department of State and job is released in the Visa Bulletin.

Once someone’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 submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with top priority cut-off dates. The real cut-off dates are shown in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some circumstances, USCIS might accept the I-485 application if the priority date is current 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 a number of days after the main Visa Bulletin is published. USCIS publishes this information on its website devoted 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 advised, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted concurrently.