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About Us
Green Card Application Process
With minimal exceptions, all EB-2 and EB-3 green card applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is frequently the hardest and most arduous step. Prior to having the ability to submit the Labor employment Certification application, the employer must obtain a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers available for the positions through the completion of a competitive recruitment procedure.
In the case of positions which contain teaching responsibilities, the company needs to record that the chosen candidate is the “best qualified” for the position. This procedure is typically called “Special Handling.”
In both the “basic” and the “unique handling” procedure, the company must complete an official recruitment process to document that there are no minimally qualified U.S. employees available or that, when it comes to positions that have a mentor element, that the picked candidate is the best certified. It prevails that this recruitment process must be completed well after the foreign nationwide worker started their position at the University.
As quickly as the Labor Certification has been submitted with the Department of Labor, employment the “top priority date” for the applicant is developed. This date is very important to figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor 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 (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 authorized by USCIS, the foreign national can request the change of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of looking for the Adjustment of Status, a foreign nationwide may also request an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be filed till and unless the “concern date” is present. In practice this suggests that, depending upon one’s nation of birth and EB-category, there might be a stockpile. The stockpile exists since more people request permits in an offered category than there are available permit visa numbers. The total number of permits is further limited by the fact that, with some exceptions, no greater than seven percent of all permits in a given choice category can go to people born in a provided nation. The backlog is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.
Once someone’s priority date date has been reached, as suggested 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, employment or, if no Labor Certification was required, USCIS received the I-140 petition.
Note that the Visa Bulletin includes two different tables with concern cut-off dates. The real cut-off dates are indicated in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some circumstances, USCIS may accept the I-485 application if the 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 might be utilized numerous days after the main Visa Bulletin is released. USCIS publishes this information on its website committed to the Visa Bulletin.
In some cases, it may be possible to file the I-140 and I-485 at the very same time. This is not always suggested, even if it is possible. If the I-140 is denied, the I-485 will also be denied if filed concurrently.