Permit Application Process

With minimal exceptions, employment all EB-2 and EB-3 permit applications need that the employer 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 strenuous step. Prior to having the ability to file the Labor Certification application, the employer needs to acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

In the case of positions which contain mentor tasks, the employer must document that the chosen candidate is the "finest qualified" for the position. This process is typically called "Special Handling."

In both the "basic" and employment the "unique handling" process, the employer should complete an official recruitment process to record that there are no minimally qualified U.S. workers offered or that, when it comes to positions that have a mentor part, that the picked prospect is the finest qualified. It prevails that this recruitment process need to be completed well after the foreign national worker began their position at the .

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the applicant is established. 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 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 employment Certification is required (e.g. EB-1), the filing of the I-140 is the first action of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can get the modification of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of applying for the Adjustment of Status, a foreign nationwide may likewise obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the "concern date" is present. In practice this suggests that, depending on one's nation of birth and EB-category, there might be a stockpile. The backlog exists because more individuals make an application for green cards in a provided category than there are offered permit visa numbers. The total number of green cards is more restricted by the reality that, with some exceptions, employment no greater than seven percent of all permits in a given choice category can go to people born in an offered country. The backlog is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The concern date is the date on which the Labor Certification was filed 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 two different tables with top priority cut-off dates. The actual 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 existing 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 official Visa Bulletin is published. USCIS publishes this details on its site devoted to the Visa Bulletin.

Sometimes, it might 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 denied, the I-485 will also be rejected if submitted simultaneously.