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1 Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer get a Labor Certification from the U.S. of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and most difficult 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 show that there are no minimally certified U.S. employees readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor tasks, the company must document that the picked applicant is the "best qualified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" process, the company should complete an official recruitment procedure to record that there are no minimally certified U.S. workers offered or that, in the case of positions that have a teaching component, that the selected candidate is the finest certified. It prevails that this recruitment procedure should be finished well after the foreign national staff member started 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 necessary to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the 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 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can look for the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of making an application for the Adjustment of Status, a foreign national may likewise get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the "concern date" is existing. In practice this means that, depending upon one's country of birth and EB-category, there might be a backlog. The stockpile exists because more people request permits in a given category than there are readily available green card visa numbers. The total variety of permits is further restricted by the fact that, with some exceptions, employment no more than seven percent of all permits in a given choice category can go to individuals born in a provided nation. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's concern date date has been reached, as suggested 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 required, USCIS got the I-140 petition.

Note that the Visa Bulletin contains two separate tables with top priority 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 may 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 decision whether Table B may be used a number of days after the main Visa Bulletin is published. USCIS releases this information on its website committed to the Visa Bulletin.

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