Green Card Application Process
With minimal 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 needing this step, employment the Labor Certification process is often the hardest and most tough action. Prior to having the ability to file the Labor Certification application, the company needs to acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. employees readily available for the positions through the completion of a competitive recruitment procedure.
In the case of positions that include teaching duties, the employer needs to record that the chosen applicant is the “finest qualified” for the position. This process is frequently called “Special Handling.”
In both the “basic” and the “special handling” procedure, the employer should finish a formal recruitment procedure to document that there are no minimally qualified U.S. employees available or that, when it comes to positions that have a teaching part, that the selected candidate is the very best qualified. It prevails that this recruitment process should be finished well after the foreign national employee started their position at the University.
As soon as the Labor Certification has been filed with the Department of Labor, the “priority date” for the applicant is established. This date is important to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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, employment 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 first 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 obtain the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of using for the Adjustment of Status, a foreign national may also use 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 “priority date” is present. In practice this indicates that, depending upon one’s nation of birth and employment EB-category, there might be a backlog. The stockpile exists since more people get permits in a given category than there are available green card visa numbers. The total number of permits is additional restricted by the reality that, with some exceptions, no more than 7 percent of all green cards in a provided preference category can go to people born in an offered nation. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.
Once somebody’s concern date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The top priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was required, USCIS received the I-140 petition.
Note that the Visa Bulletin contains 2 separate tables with priority cut-off dates. The 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 top priority date is present based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B may be used numerous days after the official Visa Bulletin is released. USCIS releases this information on its site committed to the Visa Bulletin.
In many cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted simultaneously.
