Permit Application Process
With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor employment Certification process is frequently the hardest and most arduous action. Prior to being able to submit the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and employment prove that there are no minimally certified U.S. employees readily available for the positions through the conclusion of a competitive recruitment process.
When it comes to positions which contain teaching tasks, the company must document that the chosen applicant is the “best certified” for the position. This process is typically called “Special Handling.”
In both the “fundamental” and the “unique handling” process, the company needs to finish a formal recruitment process to record that there are no minimally certified U.S. workers available or that, when it comes to positions that have a teaching part, that the selected candidate is the very best qualified. It is common that this recruitment procedure must be finished well after the foreign nationwide worker began their position at the University.
As quickly as the Labor employment Certification has actually been submitted with the Department of Labor, the “top priority date” for the candidate is developed. This date is necessary to figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top priority date is developed with the filing of the Immigrant Petition/ Form I-140.
2. Immigrant Petition
Once the Department of Labor employment 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 primary step of the green card process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has been authorized by USCIS, the foreign national can get the change of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of obtaining the Adjustment of Status, a foreign nationwide 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 filed till and unless the “priority date” is current. In practice this indicates that, depending on one’s country of birth and EB-category, there may be a backlog. The backlog exists since more individuals make an application for green cards in an offered category than there are offered permit visa numbers. The total variety of permits is additional restricted by the truth that, with some exceptions, no more than 7 percent of all green cards in a provided preference category can go to individuals born in a given nation. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.
Once 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 filed 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 top priority 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 instances, 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 utilized several days after the main Visa Bulletin is released. USCIS releases this details on its website committed to the Visa Bulletin.
In some cases, it may be possible to submit the I-140 and I-485 at the very same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.
