Permit Application Process

With restricted exceptions, all EB-2 and job EB-3 permit applications require that the company obtain a Labor job Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is often the hardest and most tough action. Prior to being able to submit the Labor Certification application, the company should get a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions which contain mentor responsibilities, the employer must document that the chosen candidate is the “finest qualified” for the position. This procedure is typically called “Special Handling.”

In both the “standard” and job the “special handling” process, the employer needs to complete a formal 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 very best qualified. It is typical that this recruitment process should be completed well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the “priority date” for the applicant is developed. This date is necessary to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is developed 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 submitted with USCIS. In cases where no Labor job Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of making an application for the Adjustment of Status, a foreign national may likewise get 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 “priority date” is current. In practice this implies that, depending upon one’s nation of birth and EB-category, there may be a backlog. The stockpile exists since more people get permits in an offered classification than there are readily available green card visa numbers. The overall variety of permits is more restricted by the reality that, with some exceptions, no greater than seven percent of all permits in a provided preference classification can go to people born in a provided country. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has actually been reached, as suggested in the Visa Bulletin, the I-485 can be filed. The priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin contains 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 existing based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a whether Table B might be used a number of days after the main Visa Bulletin is released. USCIS releases this information on its website committed to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the 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 filed concurrently.