Green Card Application Process
With limited exceptions, all EB-2 and EB-3 permit applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is frequently the hardest and employment most strenuous step. Prior to having the ability to file the Labor Certification application, the company should acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.
In the case of positions that contain mentor responsibilities, the company should document that the chosen candidate is the "best certified" for the position. This procedure is frequently called "Special Handling."
In both the "basic" and the "special handling" procedure, the employer should complete a formal recruitment to record that there are no minimally certified U.S. workers available or that, in the case of positions that have a mentor component, that the picked candidate is the finest certified. It prevails that this recruitment procedure need to be finished well after the foreign national worker began their position at the University.
As soon as the Labor Certification has been filed with the Department of Labor, the "top priority date" for the applicant is developed. This date is necessary to determine when someone 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, employment 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 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 national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of making an application for the Adjustment of Status, a foreign nationwide may also use 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 "concern date" is existing. In practice this implies that, depending on one's nation of birth and EB-category, employment there may be a backlog. The backlog exists because more people make an application for green cards in a provided category than there are available permit visa numbers. The total variety of permits is additional limited by the reality that, employment with some exceptions, no greater than seven percent of all green cards in a provided preference classification can go to individuals born in a provided nation. The stockpile is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.
Once somebody's concern date date has been reached, as suggested in the Visa Bulletin, the I-485 can be filed. 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 received the I-140 petition.
Note that the Visa Bulletin contains 2 separate tables with concern 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 priority date is existing 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 numerous days after the main Visa Bulletin is published. USCIS releases this info on its website dedicated to the Visa Bulletin.
In some cases, it may be possible to submit 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, the I-485 will likewise be denied if filed simultaneously.