myjobapply

1 Permit Application Process

With exceptions, all EB-2 and EB-3 permit applications require that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is often the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the employer must obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions that consist of teaching responsibilities, the company should record that the selected candidate is the "finest certified" for the position. This procedure is frequently called "Special Handling."

In both the "fundamental" and the "special handling" process, the employer must complete an official recruitment process to record that there are no minimally certified U.S. employees readily available or that, in the case of positions that have a teaching element, that the chosen candidate is the best qualified. It prevails that this recruitment procedure need to be finished well after the foreign national worker 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 established. This date is necessary to identify when someone can finish step # 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 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 initial 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 national can use for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of getting the Adjustment of Status, a foreign nationwide may likewise obtain 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 "top priority date" is present. In practice this implies that, depending upon one's nation of birth and EB-category, job there may be a backlog. The stockpile exists since more people obtain permits in an offered category than there are offered green card visa numbers. The overall variety of permits is further restricted by the reality that, job with some exceptions, no greater than seven percent of all green cards in an offered choice category can go to individuals born in an offered nation. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern 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 needed, USCIS got the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with priority 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 existing based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be utilized several days after the main Visa Bulletin is published. USCIS publishes this information on its website committed to the Visa Bulletin.

Sometimes, 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 denied, job the I-485 will also be denied if submitted concurrently.