Permit Application Process
With restricted exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is frequently the hardest and most strenuous step. Prior to having the ability to submit the Labor Certification application, the employer must acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the completion of a competitive recruitment process.
In the case of positions that consist of teaching responsibilities, the employer must document that the is the "finest certified" for the position. This procedure is typically called "Special Handling."
In both the "standard" and the "unique handling" procedure, the company must complete a formal recruitment procedure to record that there are no minimally qualified U.S. workers available or disgaeawiki.info that, when it comes to positions that have a teaching part, that the picked prospect is the finest certified. It prevails that this recruitment procedure need to be completed well after the foreign nationwide worker started their position at the University.
As soon as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the applicant is established. This date is very important to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority 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), the filing of the I-140 is the initial step of the permit process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has been authorized by USCIS, the foreign national can request the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of getting the Adjustment of Status, a foreign nationwide might likewise 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 until and unless the "priority date" is current. In practice this implies that, depending upon one's nation of birth and EB-category, there might be a stockpile. The stockpile exists since more individuals obtain green cards in an offered category than there are offered permit visa numbers. The total number of permits is further restricted by the fact that, with some exceptions, no more than seven percent of all permits in a given choice classification can go to people born in a given nation. The stockpile is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.
Once someone's concern date date has been reached, as shown 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 needed, USCIS received 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 indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS might accept the I-485 application if the concern 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 may be used a number of days after the main Visa Bulletin is released. USCIS releases this details on its website dedicated to the Visa Bulletin.
In many cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if filed concurrently.