Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is frequently the hardest and most difficult action. Prior to being able to submit the Labor Certification application, the company needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees available for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that contain mentor tasks, the company must record that the selected candidate is the « best qualified » for the position. This procedure is commonly called « Special Handling. »

In both the « fundamental » and the « unique handling » procedure, the company should finish a formal recruitment process to document that there are no minimally certified U.S. workers offered or that, when it comes to positions that have a teaching part, that the picked prospect is the very best qualified. It prevails that this recruitment procedure must be finished well after the foreign nationwide staff member started their position at the University.

As soon as the Labor Certification has been filed with the Department of Labor, the « top priority date » for the candidate is established. This date is very important to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, somalibidders.com the top 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 filed 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can use for the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of looking for the Adjustment of Status, a foreign nationwide might likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the « concern date » is current. In practice this suggests that, depending upon one’s nation of birth and EB-category, there might be a backlog. The backlog exists because more people get green cards in a provided category than there are available permit visa numbers. The overall number of green cards is by the truth that, with some exceptions, no greater than 7 percent of all green cards in a given preference classification can go to individuals born in an offered country. The stockpile is updated each month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has been reached, as indicated 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, referall.us 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 shown in table A « Application Final Action Dates for Employment-based Preference Cases. » However, in some instances, USCIS might accept the I-485 application if the concern date is present based upon table B « Dates for Filing of Employment-based Visa Applications. » Note that USCIS will make a decision whether Table B may be utilized a number of days after the main Visa Bulletin is released. USCIS releases this information on its website devoted to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the exact same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted concurrently.