With restricted 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 process is often the hardest and most strenuous action. Prior to having the ability to submit the Labor Certification application, the company should get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.
In the case of positions that contain teaching responsibilities, the should record that the selected applicant is the "finest certified" for the position. This process is commonly called "Special Handling."
In both the "basic" and the "special handling" process, the employer should complete a formal recruitment process to document that there are no minimally certified U.S. employees available or that, when it comes to positions that have a mentor part, that the chosen prospect is the very best qualified. It prevails that this recruitment procedure need to be finished well after the foreign national employee began their position at the University.
As soon as the Labor Certification has actually been filed with the Department of Labor, the "top priority date" for the applicant is established. This date is important to determine when somebody can finish step # 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 needed (e.g. EB-1), the filing of the I-140 is the first action 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 obtain the modification of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of getting 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 up until and unless the "priority date" is current. In practice this implies that, depending on one's nation of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more individuals make an application for green cards in a given classification than there are readily available green card visa numbers. The total number of permits is additional limited by the truth that, with some exceptions, timeoftheworld.date no more than seven percent of all permits in a given preference category can go to people born in a provided nation. The backlog 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 filed. The priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was required, USCIS got the I-140 petition.
Note that the Visa Bulletin contains 2 separate tables with priority cut-off dates. The real 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 top priority date is existing 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 official Visa Bulletin is released. USCIS publishes this information on its site committed to the Visa Bulletin.
In some cases, it may be possible to file the I-140 and I-485 at the same time. This is not always advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed simultaneously.
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Green Card Application Process
Adalberto Goodwin edited this page 2 months ago