Permit Application Process

With minimal exceptions, employment all EB-2 and EB-3 permit applications need that the company get a Labor employment Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is often the hardest and most arduous action. Prior to being able to file the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers available for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that include teaching responsibilities, the employer must record that the picked applicant is the “best qualified” for the position. This procedure is typically called “Special Handling.”

In both the “basic” and the “special handling” procedure, the company needs to finish a formal recruitment process to document that there are no minimally certified U.S. workers readily available or that, when it comes to positions that have a teaching component, that the selected prospect is the best qualified. It is typical that this recruitment process need to be finished well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “concern date” for the candidate is established. This date is essential to figure out when someone can complete action # 3, employment i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor authorizes the Labor employment 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 first action of the green card procedure.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign national can apply for the change of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of requesting the Adjustment of Status, a foreign nationwide might also obtain 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 “concern date” is present. In practice this means that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The stockpile exists because more individuals look for green cards in an offered category than there are readily available permit visa numbers. The overall number of permits is additional limited by the fact that, with some exceptions, no more than 7 percent of all permits in a provided choice category can go to individuals born in a provided nation. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s top priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be filed. The top priority date is the date on which the Labor Certification was filed with the Department of Labor, employment or, if no Labor Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with 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 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 official Visa Bulletin is published. USCIS releases this information on its site devoted to the Visa Bulletin.

In some cases, it may be possible to submit the I-140 and I-485 at the same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed simultaneously.