Green Card Application Process

With limited exceptions, all EB-2 and EB-3 permit applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is frequently the hardest and most arduous step. Prior to being able to file the Labor Certification application, the employer must acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. available for the positions through the completion of a competitive recruitment process.

When it comes to positions that include mentor responsibilities, the employer should record that the selected candidate is the "finest certified" for the position. This process is typically called "Special Handling."

In both the "standard" and the "unique handling" procedure, links.gtanet.com.br the company needs to finish an official recruitment procedure to record that there are no minimally certified U.S. employees available or that, in the case of positions that have a mentor component, that the selected candidate is the very best certified. It is common that this recruitment process need to be completed well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the candidate is developed. This date is necessary to determine when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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 submitted with USCIS. In cases where no Labor Certification is needed (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 been authorized by USCIS, the foreign national can make an application for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of getting 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 submitted till and unless the "priority date" is existing. In practice this suggests that, depending upon one's country of birth and EB-category, there might be a stockpile. The backlog exists since more individuals make an application for permits in a provided category than there are available green card visa numbers. The overall variety of permits is further restricted by the truth that, with some exceptions, no greater than 7 percent of all green cards in a given choice category can go to individuals born in a provided country. The stockpile is upgraded each 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 submitted. The top priority date is the date on which the Labor setiathome.berkeley.edu Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with top priority cut-off dates. The real cut-off dates are indicated 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 concern date is current based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be utilized numerous days after the official Visa Bulletin is published. USCIS releases this info on its website committed to the Visa Bulletin.

In many cases, it may 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 filed simultaneously.