This company has no active jobs
About Us
Green Card Application Process
With restricted exceptions, employment all EB-2 and EB-3 permit applications require that the company obtain a from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is typically the hardest and most tough action. Prior to being able to file the Labor Certification application, the employer must obtain a prevailing wage from the Department of Labor and employment prove that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment procedure.
In the case of positions which contain mentor tasks, the employer should record that the chosen applicant is the “finest certified” for employment the position. This procedure is frequently called “Special Handling.”
In both the “fundamental” and the “special handling” process, the employer needs to finish a formal recruitment process to document that there are no minimally certified U.S. employees available or that, in the case of positions that have a mentor part, that the selected candidate is the very best qualified. It is typical that this recruitment process should be completed well after the foreign national employee started their position at the University.
As quickly as the Labor Certification has actually been filed with the Department of Labor, the “priority date” for the candidate is established. This date is very important to determine when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority 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 needed (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has been authorized by USCIS, the foreign nationwide can get the change of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of looking for the Adjustment of Status, a foreign nationwide might also look for an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be submitted until and unless the “top priority date” is current. In practice this indicates that, depending upon one’s country of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more individuals get green cards in a given category than there are offered permit visa numbers. The overall number of green cards is more limited by the fact that, with some exceptions, no greater than 7 percent of all permits in a given preference classification can go to individuals born in a given country. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.
Once somebody’s top priority date date has actually been reached, employment as suggested in the Visa Bulletin, the I-485 can be submitted. 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 real cut-off dates are suggested in table A “Application Final Action Dates for Employment-based Preference Cases.” However, employment in some circumstances, USCIS may 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 decision whether Table B may be used a number of days after the official Visa Bulletin is published. USCIS publishes this info on its website committed to the Visa Bulletin.
Sometimes, 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 rejected if filed simultaneously.