Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor employment Certification process is often the hardest and most tough step. Prior to being able to file the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment procedure.

In the case of positions that consist of mentor duties, the employer needs to record that the chosen applicant is the "finest certified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "unique handling" procedure, the company must complete an official recruitment procedure to document that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a mentor part, that the selected candidate is the very best certified. It prevails that this recruitment process must 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, employment the "top priority date" for the candidate is developed. This date is very important to determine when somebody can complete 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 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 primary step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide 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 may likewise make an application 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 "priority date" is current. In practice this indicates that, depending on one's country of birth and EB-category, there might be a backlog. The stockpile exists since more individuals make an application for permits in an offered category than there are readily available permit visa numbers. The overall variety of green cards is more 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 people born in a given nation. The stockpile is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's concern date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. 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 the I-140 petition.

Note that the Visa Bulletin contains 2 different 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 instances, USCIS may accept the I-485 application if the concern 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 several days after the main Visa Bulletin is released. USCIS releases this info on its site committed to the Visa Bulletin.

In many cases, it might be possible to file the I-140 and I-485 at the exact same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted simultaneously.