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Green Card Application Process

With limited 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 requiring this action, the Labor Certification process is typically the hardest and most tough action. Prior to having the ability to submit the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers readily available for the positions through the of a competitive recruitment procedure.

In the case of positions that consist of teaching duties, employment the employer should document that the selected candidate is the « best certified » for the position. This process is commonly called « Special Handling. »

In both the « standard » and the « unique handling » process, the employer should complete an official recruitment process to record that there are no minimally certified U.S. employees readily available or that, when it comes to positions that have a mentor employment part, that the chosen candidate is the best certified. It is typical that this recruitment process must be completed well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the « top priority date » for the candidate is established. This date is crucial to determine when somebody can finish step # 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 submitted 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 nationwide can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of looking for the Adjustment of Status, a foreign national might likewise obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the « concern date » is current. In practice this means that, depending upon one’s nation of birth and employment EB-category, there may be a backlog. The backlog exists because more people obtain permits in a provided category than there are readily available permit visa numbers. The total number of green cards is more limited by the truth that, with some exceptions, no greater than 7 percent of all permits in a provided preference classification 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 concern date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. 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 consists of 2 separate tables with priority cut-off dates. The actual cut-off dates are indicated in table A « Application Final Action Dates for Employment-based Preference Cases. » However, in some circumstances, USCIS may 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 decision whether Table B may be used a number of days after the official Visa Bulletin is released. USCIS releases this information on its site committed to the Visa Bulletin.

In many cases, 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 denied, the I-485 will likewise be rejected if filed concurrently.