Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor employment Certification procedure is frequently the hardest and most strenuous step. Prior to being able to submit the Labor Certification application, the employer must obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor tasks, the employer needs to document that the selected applicant is the “best qualified” for the position. This procedure is frequently called “Special Handling.”

In both the “basic” and the “unique handling” procedure, the employer must finish a formal recruitment procedure to record that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a mentor part, that the chosen prospect is the finest certified. It is common that this recruitment procedure should be completed well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “top priority date” for the applicant is established. This date is crucial to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is established 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 required (e.g. EB-1), the filing of the I-140 is the initial step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be filed up until and unless the “concern date” is current. In practice this suggests that, depending upon one’s country of birth and EB-category, employment there may be a backlog. The backlog exists since more individuals get green cards in a provided classification than there are readily available permit visa numbers. The total variety of green cards is more restricted by the fact that, with some exceptions, no more than 7 percent of all in an offered preference classification can go to individuals born in a given country. The stockpile is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s top priority date date has actually 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 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 2 separate tables with concern cut-off dates. The actual cut-off dates are indicated in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some circumstances, employment USCIS might 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 decision whether Table B may be used a number of days after the official Visa Bulletin is released. USCIS publishes this details on its website dedicated to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and I-485 at the very same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed concurrently.