Green Card Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor job Certification procedure is frequently the hardest and most tough step. Prior to being able to submit the Labor Certification application, job the employer must acquire a fundamental wage from the Department of Labor and show 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 which contain mentor responsibilities, the company needs to record that the selected applicant is the "best certified" for the position. This procedure is frequently called "Special Handling."


In both the "basic" and the "unique handling" procedure, the employer should finish a process to record that there are no minimally certified U.S. employees readily available or that, in the case of positions that have a teaching component, that the picked prospect is the best qualified. It prevails that this recruitment process must be finished well after the foreign national staff member began their position at the University.


As soon as the Labor Certification has actually been filed with the Department of Labor, the "concern date" for the applicant is developed. This date is necessary to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern 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 primary step of the green card procedure.


3. Adjustment of Status or Obtaining an Immigrant Visa


Once the I-140 application has been authorized by USCIS, the foreign nationwide can use for 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 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 "top priority date" is current. In practice this means that, depending upon one's country of birth and EB-category, there might be a stockpile. The backlog exists since more individuals look for green cards in a given classification than there are readily available green card visa numbers. The overall variety of green cards is further limited by the truth that, with some exceptions, no greater than seven percent of all permits in a provided preference classification can go to individuals born in an offered nation. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.


Once someone's top priority date date has actually been reached, as suggested in the Visa Bulletin, job the I-485 can be submitted. The top priority 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 consists of 2 separate tables with concern cut-off dates. The actual cut-off dates are suggested 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 top priority date is current based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be utilized several days after the official Visa Bulletin is released. USCIS publishes this information on its site dedicated to the Visa Bulletin.


In some cases, job it may be possible to submit the I-140 and I-485 at the 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 filed simultaneously.