Permit Application Process

With limited exceptions, employment 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 needing this action, the Labor employment Certification procedure is typically the hardest and most tough step. Prior to being able to submit the Labor Certification application, employment the employer needs to get a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that consist of teaching tasks, the company must document that the selected applicant is the “finest certified” for the position. This procedure is typically called “Special Handling.”

In both the “basic” and the “special handling” procedure, the employer should complete a formal recruitment procedure to document that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a teaching element, that the selected prospect is the best certified. It prevails that this recruitment procedure must be well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor employment Certification has been submitted with the Department of Labor, the “top priority date” for the applicant is developed. This date is essential to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is established 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 primary 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, employment the foreign national can obtain the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of obtaining the Adjustment of Status, a foreign national might likewise apply for 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 “top priority date” is existing. In practice this implies that, employment depending on one’s country of birth and EB-category, there may be a stockpile. The backlog exists due to the fact that more individuals apply for permits in a given category than there are available green card visa numbers. The overall number of green cards is more limited by the reality that, with some exceptions, no more than seven percent of all green cards in a given choice category can go to people born in a given nation. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has been reached, employment 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 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 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 top priority date is existing based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B may be utilized several days after the main Visa Bulletin is released. USCIS publishes this information on its website committed to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and I-485 at the exact same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if submitted simultaneously.