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1 Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer obtain 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 . Prior to having the ability to submit the Labor Certification application, the company needs to acquire a prevailing 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 procedure.

In the case of positions that contain teaching responsibilities, the employer should document that the chosen candidate is the "finest certified" for the position. This procedure is typically called "Special Handling."

In both the "fundamental" and the "unique handling" procedure, the employer must finish an official recruitment procedure to document that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a teaching component, that the chosen prospect is the finest qualified. It is typical that this recruitment procedure must be completed well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the "priority date" for the candidate is developed. This date is crucial to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority 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 required (e.g. EB-1), the filing of the I-140 is the primary step of the permit process.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide can look for the modification of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of applying for the Adjustment of Status, a foreign nationwide might likewise request 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 suggests that, depending on one's nation of birth and EB-category, there may be a stockpile. The stockpile exists because more people use for permits in a given category than there are offered green card visa numbers. The total number of green cards is further restricted by the reality that, with some exceptions, no greater than seven percent of all permits in a given preference classification can go to people born in a provided nation. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's priority date date has been reached, as indicated in the Visa Bulletin, 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 required, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two different tables with concern cut-off dates. The real cut-off dates are shown 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 priority date is existing 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 official Visa Bulletin is released. USCIS releases this information on its site committed to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not always advised, even if it is possible. If the I-140 is rejected, employment the I-485 will likewise be denied if submitted simultaneously.