GitLab

With restricted exceptions, all EB-2 and employment EB-3 green card applications require that the company get a Labor Certification from the U.S. Department of Labor. For employment petitions requiring this action, the Labor Certification process is often the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the company needs to get a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that contain teaching duties, the company should document that the picked applicant is the "finest qualified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" process, the employer should complete an official recruitment procedure to document that there are no minimally certified U.S. workers readily available or that, when it comes to positions that have a teaching part, that the chosen prospect is the finest qualified. It is typical that this recruitment procedure must be completed well after the foreign national staff member started their position at the University.

As quickly as the Labor employment Certification has actually been filed with the Department of Labor, the "concern date" for the candidate is developed. This date is essential to when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is established 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), employment the filing of the I-140 is the primary step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can look for the modification of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of applying for the Adjustment of Status, a foreign national might also make an application 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 means that, depending on one's country of birth and EB-category, there might be a stockpile. The backlog exists since more people obtain permits in a given category than there are readily available green card 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 a given preference classification can go to individuals born in an offered nation. The stockpile is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The top priority 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 contains 2 separate tables with priority 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 circumstances, USCIS might accept the I-485 application if the concern 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 numerous days after the main Visa Bulletin is published. USCIS releases this information on its site dedicated to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the very same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if filed simultaneously.