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Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is typically the hardest and most arduous action. Prior to being able to file the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

In the case of positions that contain mentor responsibilities, the company must document that the selected candidate is the “finest certified” for the position. This process is typically called “Special Handling.”

In both the “basic” and the “unique handling” procedure, the employer must complete an official recruitment process to record that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a mentor part, that the chosen candidate is the best certified. It prevails that this recruitment procedure need to 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 applicant 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 required, the concern date is established 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 filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the very first action 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 get the change of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of obtaining the Adjustment of Status, a foreign national may also obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the “priority date” is current. In practice this suggests that, depending upon one’s country of birth and somalibidders.com EB-category, there may be a backlog. The backlog exists because more people apply for green cards in a provided category than there are readily available permit visa numbers. The overall number of green cards is further limited by the fact that, referall.us with some exceptions, no greater than 7 percent of all green cards in a provided preference category can go to people born in a provided country. The stockpile is updated each month by the U.S. Department of State and is published 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 concern 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 2 different tables with concern cut-off dates. The actual cut-off dates are indicated in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some instances, USCIS may 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 determination whether Table B may be utilized several days after the official Visa Bulletin is released. USCIS releases this on its site devoted to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the very same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted simultaneously.