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1 Green Card Application Process

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

When it comes to positions which contain mentor tasks, the company needs to record that the selected applicant is the "best certified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "unique handling" process, the employer needs to complete a formal recruitment procedure to record that there are no minimally qualified U.S. employees offered or that, in the case of positions that have a teaching component, that the chosen candidate is the finest certified. It is common that this recruitment process should be finished well after the foreign nationwide worker started their position at the University.

As soon as the Labor Certification has actually been submitted with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to determine when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority 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, the Immigrant Petition (Form I-140) can be 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can obtain the change of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of obtaining the Adjustment of Status, a foreign national might 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 "concern date" is existing. In practice this means that, depending on one's country of birth and EB-category, there might be a stockpile. The backlog exists since more individuals request green cards in a provided category than there are offered green card visa numbers. The overall variety of green cards is more restricted by the reality that, with some exceptions, no greater than 7 percent of all green cards in a given choice category can go to individuals born in an offered nation. The backlog is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern date date has been reached, as shown 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, employment or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two different tables with 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 circumstances, USCIS might accept the I-485 application if the top priority date is present based on 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 official Visa Bulletin is released. USCIS releases this info on its website dedicated to the Visa Bulletin.

In some cases, it might 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 denied, the I-485 will also be rejected if filed simultaneously.