Green Card Application Process

With minimal exceptions, all EB-2 and EB-3 permit applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is often the hardest and most arduous step. Prior to being able to submit the Labor Certification application, the company needs to get a fundamental wage from the Department of Labor somalibidders.com and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.

In the case of positions which contain teaching duties, the employer must record that the picked candidate is the “finest qualified” for referall.us the position. This process is frequently called “Special Handling.”

In both the “standard” and the “special handling” process, the company must finish an official recruitment procedure to document that there are no U.S. workers offered or that, in the case of positions that have a mentor component, that the selected candidate is the very best qualified. It is common that this recruitment procedure must be completed well after the foreign national employee started their position at the University.

As soon 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 determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, adremcareers.com the priority 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 primary 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 get the change of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of requesting the Adjustment of Status, a foreign nationwide might also make an application 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 current. In practice this indicates that, depending upon one’s nation of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more individuals make an application for permits in a given category than there are offered green card visa numbers. The total number of green cards is additional limited by the reality that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to people born in a given country. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. 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 required, USCIS got the I-140 petition.

Note that the Visa Bulletin contains 2 separate tables with priority 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 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 might be used numerous days after the main Visa Bulletin is published. USCIS releases this info on its website devoted to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the very same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if filed concurrently.