With restricted exceptions, all EB-2 and EB-3 permit applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is frequently the hardest and most arduous action. Prior to being able to submit the Labor Certification application, the employer needs to acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.
In the case of positions which contain teaching tasks, the company must document that the chosen candidate is the "best qualified" for the position. This procedure is commonly called "Special Handling."
In both the "basic" and the "unique handling" process, the company needs to finish a formal recruitment procedure to record that there are no minimally qualified U.S. workers readily available or that, in the case of positions that have a mentor component, that the chosen prospect is the best certified. It prevails that this recruitment procedure need to be completed well after the foreign national staff member began their position at the University.
As quickly as the Labor Certification has actually been submitted with the Department of Labor, the "priority date" for the applicant is developed. This date is important to figure out when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is established with the filing of the Immigrant Petition/ Form I-140.
2. Immigrant Petition
Once the Department of Labor job 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 initial 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 national can get the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of looking for the Adjustment of Status, a foreign nationwide might also look for an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be filed up until and unless the "priority date" is present. In practice this suggests that, depending upon one's nation of birth and EB-category, there might be a stockpile. The stockpile exists because more people get permits in a given category 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 7 percent of all green cards in a provided choice category can go to people born in an offered country. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.
Once somebody's top priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 .
Note that the Visa Bulletin contains 2 different tables with concern cut-off dates. The real cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS may accept the I-485 application if the priority date is existing 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 official Visa Bulletin is published. USCIS publishes this info on its website devoted to the Visa Bulletin.
In many cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not always suggested, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.
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Green Card Application Process
Addie Isaacs edited this page 2 weeks ago