Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is frequently the hardest and most arduous action. Prior to having the ability to file the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions that consist of mentor tasks, the employer needs to document that the selected applicant is the « best certified » for the position. This procedure is frequently called « Special Handling. »

In both the « basic » and the « unique handling » procedure, the employer should complete a formal recruitment process to document that there are no minimally certified U.S. employees offered or that, in the case of that have a mentor element, that the selected prospect is the finest certified. It prevails that this recruitment process should be finished well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, employment the « priority date » for the applicant is established. This date is necessary to figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern 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 filed 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 green card process.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can obtain the modification of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of making an application for the Adjustment of Status, a foreign national may 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 current. In practice this means that, depending on one’s country of birth and EB-category, there may be a backlog. The stockpile exists because more individuals request permits in a given classification than there are available permit visa numbers. The total number of permits 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 an offered country. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s top priority date date has 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 employment Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin contains two separate tables with 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 circumstances, USCIS might 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 determination whether Table B might be used numerous days after the main Visa Bulletin is released. USCIS releases this details on its website dedicated to the Visa Bulletin.

Sometimes, it may 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 rejected if filed concurrently.