Green Card 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 needing this action, the Labor employment Certification process is often the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, the company must obtain a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions which contain mentor duties, employment the employer must document that the picked candidate is the “best certified” for the position. This procedure is commonly called “Special Handling.”

In both the “fundamental” and the “unique handling” process, the employer must complete a formal recruitment procedure to record that there are no minimally qualified U.S. workers readily available or that, in the case of positions that have a mentor part, that the chosen candidate is the best certified. It prevails that this recruitment procedure must be completed well after the foreign nationwide staff member began their position at the University.

As soon as the Labor Certification has actually been submitted with the Department of Labor, the “concern date” for employment the applicant is developed. This date is necessary to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor authorizes the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can make an application for employment the change of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of getting the Adjustment of Status, a foreign nationwide might also apply for 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 “priority date” is existing. In practice this means that, depending on one’s nation of birth and EB-category, there might be a . The stockpile exists since more individuals apply for permits in a given classification than there are offered permit visa numbers. The overall variety of green cards is further restricted by the truth that, with some exceptions, no more than seven percent of all green cards in a given preference classification can go to individuals born in an offered nation. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s top priority date date has been reached, as suggested in the Visa Bulletin, the I-485 can be filed. The concern 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 includes 2 separate tables with concern cut-off dates. The real cut-off dates are shown 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 present 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 several days after the official Visa Bulletin is published. USCIS releases this information on its website dedicated to the Visa Bulletin.

Sometimes, it may be possible to file 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 rejected if filed concurrently.