Permit 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, employment the Labor Certification procedure is frequently the hardest and most arduous action. Prior to being able to file the Labor Certification application, the employer must get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions that include mentor responsibilities, the company must record that the chosen candidate is the “best certified” for the position. This procedure is typically called “Special Handling.”

In both the “standard” and the “unique handling” process, the company needs to complete an official recruitment procedure to record that there are no minimally qualified U.S. employees available or employment that, in the case of positions that have a mentor component, that the picked prospect is the best qualified. It prevails that this recruitment procedure need to be completed well after the foreign national worker began their position at the University.

As soon as the Labor Certification has been filed with the Department of Labor, employment the “priority date” for the candidate is developed. This date is essential to identify when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the 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, employment 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 first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can get the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of applying for the Adjustment of Status, a foreign nationwide may also use 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 “priority date” is current. In practice this implies that, depending on one’s nation of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals look for employment permits in a provided category than there are offered green card visa numbers. The total variety of green cards is further restricted by the reality that, with some exceptions, no more than 7 percent of all permits in an offered choice category can go to people born in a provided nation. 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 suggested in the Visa Bulletin, the I-485 can be filed. The concern 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 includes two separate tables with top priority cut-off dates. The actual cut-off dates are shown 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 present based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B might be used several days after the main Visa Bulletin is released. USCIS publishes this info on its website devoted to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if .