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Green Card Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the employer get 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 arduous action. Prior to having the ability to submit the Labor Certification application, the employer must acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain tasks, the company should document that the selected applicant is the "best qualified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "special handling" process, the employer should complete a formal recruitment procedure to record that there are no minimally qualified U.S. employees readily available or that, in the case of positions that have a mentor element, that the picked candidate is the very best certified. It prevails that this recruitment process should be finished well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "priority date" for the applicant 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 required, the concern date is established 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 submitted with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), employment the filing of the I-140 is the first action of the green card procedure.

3. Adjustment of Status or employment Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can apply for the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of making an application for the Adjustment of Status, a foreign national may likewise look 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 "priority date" is current. In practice this indicates that, depending upon one's nation of birth and employment EB-category, there may be a stockpile. The backlog exists because more people obtain permits in an offered category than there are offered green card visa numbers. The overall variety of permits is more limited by the truth that, with some exceptions, no more than seven percent of all green cards in a provided preference category can go to people born in a provided nation. The backlog 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 actually been reached, as shown 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 includes 2 different 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 priority date is existing 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 a number of days after the main Visa Bulletin is published. USCIS releases this details on its site dedicated to the Visa Bulletin.

In some cases, it might be possible to file the I-140 and employment I-485 at the same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed simultaneously.