Green Card Application Process

With limited exceptions, all EB-2 and employment EB-3 permit applications require that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is typically the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, the company needs to acquire a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers available for the positions through the completion of a competitive recruitment procedure.

In the case of positions that include teaching duties, the company should record that the selected applicant is the « best certified » for the position. This procedure is typically called « Special Handling. »

In both the « standard » and the « special handling » process, the company should finish a formal recruitment procedure to record that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a teaching component, that the chosen candidate is the very best certified. It is common that this recruitment procedure need to be finished well after the foreign nationwide employee began their position at the University.

As soon as the Labor Certification has actually been submitted with the Department of Labor, the « top priority date » for the candidate is established. This date is essential to determine when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves 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 first step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been by USCIS, employment the foreign national can make an application for the modification of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of obtaining the Adjustment of Status, a foreign nationwide may likewise obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed until and unless the « top priority date » is present. In practice this implies that, depending on one’s country of birth and EB-category, there might be a stockpile. The stockpile exists due to the fact that more individuals obtain permits in a given category than there are readily available permit visa numbers. The overall number of permits is additional restricted by the truth that, with some exceptions, no more than seven percent of all green cards in a given choice classification can go to individuals born in an offered nation. The stockpile is updated monthly 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 shown in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was filed with the Department of Labor, employment or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with top priority 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 circumstances, USCIS may accept the I-485 application if the priority date is present based on table B « Dates for Filing of Employment-based Visa Applications. » Note that USCIS will make a decision whether Table B might be used numerous days after the main Visa Bulletin is published. USCIS publishes this information on its website committed to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the very 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 submitted simultaneously.