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Permit Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is frequently the hardest and most difficult action. Prior to being able to file the Labor Certification application, the company must acquire a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees offered for job the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain teaching tasks, the employer needs to record that the picked candidate is the “finest qualified” for the position. This procedure is commonly called “Special Handling.”

In both the “fundamental” and the “special handling” procedure, the company needs to complete a formal recruitment procedure to record that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a teaching component, that the chosen prospect is the very best qualified. It prevails that this recruitment procedure need to be completed well after the foreign nationwide worker began their position at the University.

As quickly as the Labor job Certification has been filed with the Department of Labor, the “priority date” for the candidate is established. This date is essential to figure out when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of getting the Adjustment of Status, a foreign national may likewise apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the “top priority date” is current. In practice this means that, depending on one’s nation of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more people request green cards in an offered classification than there are available green card visa numbers. The total number of permits is further limited by the reality that, with some exceptions, no more than seven percent of all green cards in an offered choice category can go to people born in an offered nation. The backlog is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s concern date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be filed. 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 2 different tables with concern cut-off dates. The real cut-off dates are indicated 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 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 used a number of days after the main Visa Bulletin is released. USCIS releases this details on its site committed to the Visa Bulletin.

In some cases, it might be possible to submit 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 likewise be denied if submitted simultaneously.