Green Card Application Process

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

When it comes to positions which contain teaching responsibilities, employment the employer must record that the selected candidate is the “best certified” for the position. This process is commonly called “Special Handling.”

In both the “standard” and the “special handling” process, the employer should complete a formal recruitment procedure to document that there are no minimally qualified U.S. employees available or that, in the case of positions that have a mentor part, that the picked prospect is the very best certified. It is typical that this recruitment process must be finished well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the “priority date” for the candidate is established. This date is essential to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the concern 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 Certification is required (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be submitted till and unless the “priority date” is present. In practice this means that, depending on one’s nation of birth and EB-category, there may be a stockpile. The stockpile exists due to the fact that more people request permits in an offered classification than there are available permit visa numbers. The overall variety of green cards is limited by the reality that, with some exceptions, employment no more than seven percent of all permits in an offered preference classification can go to individuals born in a given nation. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s concern date date has been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was filed 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 2 different tables with top priority cut-off dates. The real cut-off dates are indicated 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 concern 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 numerous days after the main Visa Bulletin is released. USCIS publishes this info on its site dedicated to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the same time. This is not always advised, even if it is possible. If the I-140 is rejected, employment the I-485 will likewise be denied if filed concurrently.