Permit Application Process

With minimal 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 requiring this step, the Labor Certification process is frequently the hardest and most difficult action. Prior to being able to file the Labor Certification application, the employer needs to obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor duties, the company needs to record that the picked candidate is the "finest certified" for the position. This process is typically called "Special Handling."

In both the "fundamental" and the "special handling" process, the employer must finish an official recruitment procedure to document that there are no minimally certified U.S. employees readily available or that, in the case of positions that have a mentor employment element, that the selected candidate is the finest certified. It is typical that this recruitment process need to be completed well after the foreign nationwide worker began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "priority date" for the candidate is developed. This date is essential to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the very first action of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, employment the foreign national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of requesting the Adjustment of Status, a foreign nationwide might likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until and unless the "priority date" is existing. In practice this indicates that, depending upon one's nation of birth and EB-category, there may be a stockpile. The stockpile exists because more individuals look for permits in a provided category than there are offered green card visa numbers. The total variety of permits is further restricted by the truth that, with some exceptions, no more than 7 percent of all green cards in a given choice category can go to people born in a given nation. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin includes 2 different tables with concern 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 concern date is current based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be days after the main Visa Bulletin is released. USCIS publishes this information on its website dedicated to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the same time. This is not always advised, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted simultaneously.