Green Card Application Process

With minimal 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 needing this step, the Labor Certification procedure is often the hardest and most strenuous action. Prior employment to being able to submit the Labor employment Certification application, the employer should get a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain mentor duties, the employer needs to document that the selected applicant is the „finest qualified“ for the position. This procedure is typically called „Special Handling.“

In both the „basic“ and the „special handling“ procedure, the company must complete a formal recruitment process to record that there are no minimally certified U.S. workers available or that, in the case of positions that have a teaching element, that the picked prospect is the very best qualified. It prevails that this recruitment process should be finished well after the foreign national employee started their position at the University.

As quickly as the Labor employment Certification has been submitted with the Department of Labor, the „top priority date“ for the applicant is established. This date is important to determine when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority 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 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 green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can apply for employment the change of their non-immigrant status (Form I-485) to that of a legal . Instead of getting 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 until and unless the „priority date“ is existing. In practice this implies that, depending on one’s country of birth and employment EB-category, there may be a stockpile. The stockpile exists due to the fact that more individuals look for permits in a provided category than there are readily available green card visa numbers. The overall number of green cards is additional limited by the fact that, with some exceptions, no greater than 7 percent of all green cards in an offered preference category can go to people born in a given nation. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

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

Note that the Visa Bulletin contains two different tables with concern 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 priority date is current based on table B „Dates for Filing of Employment-based Visa Applications.“ Note that USCIS will make a determination whether Table B may be used numerous days after the official Visa Bulletin is released. USCIS publishes this information on its site devoted to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted concurrently.