Green Card Application Process

With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For this step, the Labor Certification process is frequently the hardest and most difficult action. Prior to having the ability to file the Labor Certification application, the company must acquire a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that consist of mentor responsibilities, the company should record that the chosen candidate is the "best qualified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "unique handling" procedure, employment the company must finish a formal recruitment procedure to document that there are no minimally certified U.S. workers available or that, in the case of positions that have a mentor part, that the selected prospect is the finest qualified. It prevails that this recruitment process need to be finished well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, employment the "priority date" for the candidate is established. This date is very important to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is required, employment the concern date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor employment 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 national can obtain the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of getting the Adjustment of Status, a foreign national might likewise request 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 "top priority date" is existing. In practice this indicates that, depending on one's country of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals look for permits in a provided classification than there are readily available permit visa numbers. The total variety of permits is further restricted by the fact that, with some exceptions, employment no greater than 7 percent of all green cards in a given choice category can go to people 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 priority date date has actually been reached, as suggested 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 received the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with priority 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 current based on 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 main Visa Bulletin is released. USCIS publishes this information on its website 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 always suggested, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted simultaneously.