Permit Application Process
With limited 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 needing this step, the Labor Certification procedure is typically the hardest and most arduous action. Prior to having the ability to submit the Labor Certification application, the employer must 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 conclusion of a competitive recruitment process.
When it comes to positions which contain mentor tasks, the employer should document that the chosen candidate is the "finest qualified" for the position. This procedure is frequently called "Special Handling."
In both the "fundamental" and the "unique handling" process, the company needs to finish a formal recruitment procedure to record that there are no minimally certified U.S. workers readily available or that, in the case of that have a mentor part, that the picked candidate is the finest certified. It is common 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 filed with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is developed with the filing of the Immigrant Petition/ Form I-140.
2. Immigrant Petition
Once the Department of Labor approves the Labor Certification, 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 very first action of the green card process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been approved by USCIS, the foreign nationwide can look for the change of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of applying for the Adjustment of Status, a foreign national may likewise use for job 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 unless the "concern 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 request green cards in an offered classification than there are available green card visa numbers. The total number of permits is more limited by the fact that, with some exceptions, no greater than seven percent of all permits in a given choice classification can go to individuals born in an offered country. The stockpile is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.
Once somebody's priority date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The top 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 consists of two different tables with concern cut-off dates. The actual cut-off dates are shown 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 on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be utilized numerous days after the official Visa Bulletin is published. USCIS releases this information on its site devoted to the Visa Bulletin.
In many cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted simultaneously.