Green Card Application Process

With limited exceptions, all EB-2 and EB-3 green card applications require that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is typically the hardest and most difficult action. Prior to being able to submit the Labor Certification application, the company should obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that consist of mentor tasks, the employer needs to record that the selected applicant is the “best qualified” for the position. This procedure is frequently called “Special Handling.”

In both the “standard” and the “special handling” process, the company should finish a formal recruitment procedure to document that there are no minimally certified U.S. employees readily available or that, when it comes to positions that have a mentor component, that the chosen prospect is the very best qualified. It is common that this recruitment process need to be completed well after the foreign nationwide employee 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 crucial to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor employment 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 first step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of making an application for the Adjustment of Status, a foreign national may likewise make an application for an immigrant visa at a U.S. consulate or employment embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the “top priority date” is existing. In practice this implies that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The stockpile exists due to the fact that more people look for permits in a provided classification than there are offered permit visa numbers. The overall variety of permits is more limited by the truth that, with some exceptions, no greater than seven percent of all green cards in a provided preference category can go to individuals born in a given country. The stockpile is upgraded monthly by the U.S. Department of State and employment is published in the Visa Bulletin.

Once someone’s priority date date has actually been reached, as suggested 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 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 indicated in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some instances, USCIS may accept the I-485 application if the priority date is existing based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B might be utilized numerous days after the main Visa Bulletin is published. this info on its site dedicated to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if submitted simultaneously.