Green Card Application Process

With limited exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most difficult step. Prior to being able to file the Labor Certification application, the company should acquire a prevailing wage from the Department of Labor employment and show that there are no minimally qualified U.S. employees available for employment the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain teaching tasks, the employer needs to document that the selected applicant is the “finest qualified” for employment the position. This procedure is commonly called “Special Handling.”

In both the “basic” and the “unique handling” process, the company should complete a formal recruitment process to record that there are no minimally qualified U.S. workers available or that, in the case of positions that have a mentor part, that the picked candidate is the very best qualified. It is common that this recruitment process should be completed well after the foreign national employee started their at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the “top priority date” for the candidate is developed. This date is essential to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top 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 needed (e.g. EB-1), the filing of the I-140 is the primary step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can apply for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of making an application for the Adjustment of Status, a foreign nationwide might likewise use for 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 “top priority date” is existing. In practice this suggests that, depending on one’s nation of birth and EB-category, there may be a stockpile. The backlog exists because more individuals use for green cards in a provided classification than there are available green card visa numbers. The total number of green cards is further restricted by the fact that, with some exceptions, no more than seven percent of all permits in a provided preference classification can go to people born in a provided country. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s priority date date has been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor employment Certification was needed, employment USCIS got the I-140 petition.

Note that the Visa Bulletin consists of two 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, employment in some instances, USCIS might accept the I-485 application if the priority 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 a number of days after the main Visa Bulletin is released. USCIS releases this info on its website devoted to the Visa Bulletin.

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