Green Card Application Process
With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For employment petitions needing this step, the Labor employment Certification procedure is typically 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 qualified U.S. employees readily available for the positions through the conclusion of a competitive recruitment procedure.
In the case of positions that consist of teaching tasks, the employer should record that the selected candidate is the « finest qualified » for the position. This procedure is commonly called « Special Handling. »
In both the « basic » and the « special handling » process, the employer needs to complete an official recruitment procedure to record that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a mentor element, that the chosen candidate is the finest qualified. It prevails that this recruitment procedure must be completed well after the foreign nationwide worker 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 figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the concern 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 (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 primary step of the green card procedure.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been approved by USCIS, the foreign national can request the change 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 look for an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be submitted until and employment unless the « concern date » is present. In practice this means that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals obtain green cards in a provided classification than there are available permit visa numbers. The total variety of permits is further limited by the fact that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to people born in a provided country. The backlog is updated each month by the U.S. Department of State and employment is released in the Visa Bulletin.
Once someone’s top priority date date has been reached, employment as suggested in the Visa Bulletin, employment 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 required, USCIS got the I-140 petition.
Note that the Visa Bulletin includes two 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, USCIS might accept the I-485 application if the priority date is current based on table B « Dates for Filing of Employment-based Visa Applications. » Note that USCIS will make a determination whether Table B may be used several days after the main Visa Bulletin is published. USCIS releases this information on its website dedicated to the Visa Bulletin.
In many cases, it might be possible to file the I-140 and I-485 at the same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if filed concurrently.
