With minimal exceptions, all EB-2 and EB-3 green card applications require that the company obtain a Labor Certification from the U.S. of Labor. For petitions requiring this action, the Labor Certification procedure is frequently the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, the employer should acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.
When it comes to positions that contain teaching responsibilities, the employer needs to record that the chosen candidate is the "finest certified" for the position. This process is frequently called "Special Handling."
In both the "fundamental" and the "special handling" process, the employer should finish a formal recruitment process to record that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a teaching part, that the chosen candidate is the finest certified. It prevails that this recruitment procedure should be finished well after the foreign national employee began 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 developed. This date is essential to figure out when somebody can complete 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 employment authorizes 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 permit procedure.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been approved by USCIS, the foreign national can make an application for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of obtaining the Adjustment of Status, a foreign nationwide may also 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 "top priority date" is present. In practice this means that, depending upon one's country of birth and EB-category, there might be a stockpile. The backlog exists because more individuals look for permits in a provided category than there are offered permit visa numbers. The total variety of permits is more limited by the truth that, with some exceptions, no greater than 7 percent of all green cards in an offered choice category can go to people born in a given nation. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.
Once somebody's concern date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The top priority date is the date on which the Labor Certification was submitted 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 priority 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 might accept the I-485 application if the concern date is current based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used several days after the official Visa Bulletin is released. USCIS releases this details on its website committed 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 suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed simultaneously.
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Green Card Application Process
Alena Gwinn edited this page 5 months ago