Permit Application Process
With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor employment Certification procedure is typically the hardest and most difficult step. Prior to having the ability to file the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and employment prove that there are no minimally certified U.S. workers offered for employment the positions through the completion of a competitive recruitment procedure.
When it comes to positions which contain mentor tasks, the employer must document 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 must finish a formal recruitment process to record that there are no minimally certified U.S. workers offered or that, employment when it comes to positions that have a teaching element, that the chosen candidate is the very best qualified. It is common that this recruitment process need to be completed well after the foreign national worker began their position at the University.
As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “priority date” for the applicant is developed. This date is necessary to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is needed, the 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 very first 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 make an application for the adjustment of their (Form I-485) to that of a legal irreversible homeowner. Instead of getting the Adjustment of Status, a foreign nationwide 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 on one’s nation of birth and EB-category, there may be a backlog. The stockpile exists because more people obtain green cards in a provided classification than there are offered green card visa numbers. The overall variety of green cards is further limited by the truth that, employment with some exceptions, no more than 7 percent of all permits in a provided preference category can go to people born in a provided country. The backlog is updated each month by the U.S. Department of State and is published in the Visa Bulletin.
Once somebody’s top priority date date has actually 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 submitted 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 two separate tables with concern 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, employment USCIS might accept the I-485 application if the priority date is existing based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B may be used numerous days after the official Visa Bulletin is released. USCIS publishes this information on its site devoted to the Visa Bulletin.
In many cases, it might be possible to file the I-140 and I-485 at the very same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if submitted simultaneously.
