GitLab

With limited exceptions, all EB-2 and EB-3 green card applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is often the hardest and most difficult step. Prior to being able to file the Labor Certification application, the company should obtain a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

In the case of positions which contain mentor responsibilities, the company must record that the chosen applicant is the "finest certified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "special handling" process, the company should finish an official recruitment process to document that there are no minimally certified U.S. employees offered or that, when it comes to positions that have a mentor job element, that the is the best qualified. It prevails that this recruitment process must be finished well after the foreign nationwide worker began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to figure out when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established 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 needed (e.g. EB-1), the filing of the I-140 is the initial step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can get the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of requesting the Adjustment of Status, job a foreign national might also request 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 indicates that, depending upon one's country of birth and EB-category, there might be a stockpile. The stockpile exists because more people obtain green cards in a given classification than there are available permit visa numbers. The overall number of green cards is further limited by the reality that, job with some exceptions, no more than 7 percent of all permits in an offered preference classification can go to people born in a given nation. The stockpile is upgraded each 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, job as suggested in the Visa Bulletin, the I-485 can be submitted. 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 got the I-140 petition.

Note that the Visa Bulletin contains two different tables with concern cut-off dates. The actual cut-off dates are suggested in table A "Application Final Action Dates for Employment-based Preference Cases." However, job in some instances, USCIS might accept the I-485 application if the top priority date is current based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used several days after the main Visa Bulletin is published. USCIS publishes this details on its website dedicated to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not always advised, even if it is possible. If the I-140 is denied, the I-485 will also be denied if filed simultaneously.