With limited exceptions, all EB-2 and EB-3 green card applications require that the company 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 difficult step. Prior to being able to file the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees available for the positions through the completion of a competitive recruitment process.
In the case of positions which contain mentor responsibilities, the employer needs to document that the selected applicant is the "best qualified" for the position. This process is frequently called "Special Handling."
In both the "fundamental" and employment the "special handling" process, the company should finish a formal recruitment procedure to record that there are no minimally certified U.S. workers offered or that, when it comes to positions that have a mentor component, that the picked candidate is the finest certified. It is common that this recruitment procedure need to be well after the foreign nationwide worker began their position at the University.
As quickly as the Labor Certification has been filed with the Department of Labor, the "top priority date" for the candidate is developed. This date is necessary to figure out when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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 permit 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 look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. 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 submitted up until and employment unless the "concern date" is present. In practice this indicates that, depending on one's country of birth and EB-category, there may be a backlog. The backlog exists since more individuals look for permits in a given category than there are readily available permit visa numbers. The total number of green cards is more restricted by the reality that, with some exceptions, no greater than seven percent of all green cards in a provided choice classification can go to individuals born in a provided nation. The stockpile is updated each month by the U.S. Department of State and is published in the Visa Bulletin.
Once someone's priority date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was submitted 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 2 separate tables with concern cut-off dates. The actual cut-off dates are indicated 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 concern 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 might be used several days after the official Visa Bulletin is released. USCIS publishes this information on its website devoted to the Visa Bulletin.
Sometimes, it may be possible to file the I-140 and I-485 at the very same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if submitted simultaneously.
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Green Card Application Process
Adolph Brinkman edited this page 4 months ago