Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most strenuous step. Prior to having the ability to submit the Labor Certification application, the employer needs to get a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. workers available for employment the positions through the completion of a competitive recruitment procedure.

In the case of positions that consist of teaching responsibilities, the employer must record that the picked candidate is the “best certified” for the position. This procedure is frequently called “Special Handling.”

In both the “fundamental” and the “unique handling” process, the employer must finish an official recruitment process to record that there are no minimally certified U.S. employees available or employment that, in the case of positions that have a mentor part, that the selected prospect is the very best qualified. It is typical that this recruitment process must be finished 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 applicant is established. This date is necessary to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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 very first action of the permit process.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of requesting the Adjustment of Status, a foreign nationwide may also request an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the “priority date” is present. In practice this implies that, employment depending upon one’s nation of birth and EB-category, there may be a backlog. The stockpile exists due to the fact that more people use for green cards in a given category than there are offered green card visa numbers. The overall number of green cards is further restricted by the truth that, with some exceptions, no greater than 7 percent of all permits in an offered preference category can go to people born in a given nation. The stockpile is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. 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 got the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with concern 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 circumstances, USCIS might accept the I-485 application if the top priority date is current based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B might be used numerous days after the main Visa Bulletin is released. USCIS releases this details on its website committed to the Visa Bulletin.

In some cases, it might be possible to submit the I-140 and employment I-485 at the exact same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, employment the I-485 will also be rejected if submitted concurrently.