This company has no active jobs
About Us
Green Card Application Process
With limited exceptions, all EB-2 and EB-3 permit applications need that the employer 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 being able to file the Labor Certification application, the company should acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment process.
When it comes to positions that include mentor responsibilities, the company needs to document that the chosen applicant is the “finest qualified” for the position. This process is frequently called “Special Handling.”
In both the “basic” and the “unique handling” process, the employer should complete an official recruitment process to document that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a mentor component, job that the picked prospect is the best qualified. It is typical that this recruitment process should be completed well after the foreign national staff member began their position at the University.
As quickly as the Labor Certification has actually been filed with the Department of Labor, the “top priority date” for the applicant is established. This date is essential to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top 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 primary step of the green card process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been approved by USCIS, the foreign nationwide can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise get 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 present. In practice this means that, depending on one’s nation of birth and EB-category, there may be a backlog. The stockpile exists since more individuals request green cards in an offered classification than there are offered green card visa numbers. The total variety of permits is further restricted by the fact that, with some exceptions, no more than seven percent of all green cards in an offered preference category can go to individuals born in an offered nation. The backlog is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.
Once somebody’s concern date date has been reached, as indicated in the Visa Bulletin, job the I-485 can be filed. The date is the date on which the Labor Certification was filed with the Department of Labor, job or, if no Labor Certification was required, USCIS got the I-140 petition.
Note that the Visa Bulletin contains 2 separate tables with 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 instances, USCIS may accept the I-485 application if the top 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 might be used numerous days after the main Visa Bulletin is published. USCIS publishes this information on its website devoted to the Visa Bulletin.
Sometimes, it may be possible to submit the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will also be denied if filed simultaneously.
