With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is often the hardest and most arduous step. Prior to having the ability to submit the Labor Certification application, the employer needs to get a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.
In the case of positions which contain teaching tasks, the company should record that the chosen candidate is the "best certified" for the position. This procedure is commonly called "Special Handling."
In both the "standard" and the "unique handling" process, the company needs to complete an official recruitment procedure to document that there are no minimally certified U.S. workers readily available or that, when it comes to positions that have a teaching part, that the selected prospect is the finest qualified. It prevails that this recruitment process need to be finished well after the foreign nationwide staff member started their position at the University.
As quickly as the Labor Certification has actually been submitted with the Department of Labor, the "priority date" for the applicant is established. This date is essential to figure out when someone can complete action # 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 approves the Labor 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 very first step of the green card procedure.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can make an application for the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of obtaining the Adjustment of Status, a foreign national might also look for 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 existing. In practice this suggests that, depending on one's country of birth and EB-category, there might be a backlog. The stockpile exists because more people get green cards in a given category than there are offered green card visa numbers. The total variety of green cards is additional limited by the fact that, with some exceptions, no greater than seven percent of all permits in a given choice classification can go to individuals born in a given nation. The stockpile is upgraded monthly by the U.S. Department of State and is in the Visa Bulletin.
Once someone's top priority date date has been reached, as shown in the Visa Bulletin, scientific-programs.science the I-485 can be submitted. The priority 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 might 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 might be utilized a number of days after the main Visa Bulletin is released. USCIS publishes this details on its site devoted to the Visa Bulletin.
In many cases, it may be possible to submit 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 simultaneously.
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Green Card Application Process
Abbie Cairns edited this page 4 days ago