Green Card Application Process

With limited exceptions, all EB-2 and EB-3 green card applications require that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor employment Certification process is often the hardest and most arduous step. Prior to having the ability to file the Labor Certification application, the company must get a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching responsibilities, the employer needs to document that the picked candidate is the “best qualified” for the position. This process is frequently called “Special Handling.”

In both the “basic” and the “unique handling” procedure, employment the company should complete an official recruitment procedure to document that there are no minimally certified U.S. workers available or that, when it comes to positions that have a teaching element, that the picked prospect is the very best certified. It is common that this recruitment process need to be finished well after the foreign nationwide employee started their position at the University.

As soon 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 figure out when somebody 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 submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can make an application for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of the Adjustment of Status, a foreign national may likewise apply 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 “concern date” is existing. In practice this indicates that, depending upon one’s country of birth and EB-category, employment there might be a backlog. The stockpile exists because more people obtain green cards in a provided category than there are readily available permit visa numbers. The overall variety of green cards is additional restricted by the truth that, with some exceptions, no greater than seven percent of all green cards in an offered preference classification can go to individuals born in a provided country. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s priority date date has actually been reached, employment as indicated 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, employment or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin includes 2 different 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 instances, employment USCIS may accept the I-485 application if the concern date is present 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 several days after the official Visa Bulletin is published. USCIS publishes this info on its site devoted to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if submitted concurrently.