Permit Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is frequently the hardest and most difficult action. Prior to being able to file the Labor Certification application, the company needs to acquire a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching responsibilities, the company must record that the selected applicant is the “finest certified” for the position. This procedure is frequently called “Special Handling.”

In both the “standard” and the “unique handling” procedure, the company should finish an official recruitment procedure to record that there are no minimally certified U.S. employees available or that, in the case of positions that have a mentor part, that the chosen prospect is the finest qualified. It is common that this recruitment procedure should be completed well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the “top priority date” for the candidate is established. This date is very important to determine when somebody can # 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 approves the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the very first step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can request the change of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of obtaining the Adjustment of Status, a foreign nationwide might 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 existing. In practice this means that, employment depending upon one’s nation of birth and EB-category, there might be a stockpile. The backlog exists because more people get permits in a given category than there are readily available green card visa numbers. The total number of green cards is more restricted by the reality that, with some exceptions, no greater than 7 percent of all permits in an offered preference classification can go to individuals born in a provided country. The stockpile is updated 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 filed. The top priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, employment USCIS got the I-140 petition.

Note that the Visa Bulletin contains two separate tables with priority cut-off dates. The real cut-off dates are suggested 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 concern 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 a number of days after the official Visa Bulletin is published. USCIS publishes this details on its website devoted to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the same time. This is not constantly recommended, employment even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted concurrently.