Permit Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor job Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is frequently the hardest and most tough step. Prior to having the ability to file the Labor Certification application, the company must get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that include teaching duties, the employer needs to document that the chosen applicant is the “best certified” for the position. This process is typically called “Special Handling.”

In both the “basic” and the “unique handling” procedure, the employer should finish an official recruitment process to document that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a mentor job component, that the chosen prospect is the finest certified. 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 submitted with the Department of Labor, the “priority date” for the candidate is developed. This date is essential to determine when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established 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 filed 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 permit procedure.

3. Adjustment of Status or job Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can request the modification of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of obtaining 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 submitted until and unless the “concern date” is current. In practice this means that, depending upon one’s country of birth and EB-category, there may be a stockpile. The backlog exists due to the fact that more people request green cards in an offered category than there are offered permit visa numbers. The total number of permits is additional restricted by the truth that, with some exceptions, no greater than 7 percent of all permits in a given preference category can go to individuals born in an offered country. The stockpile is updated each month by the U.S. Department of State and is published in the Visa Bulletin.

Once someone’s concern date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The top 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 got the I-140 petition.

Note that the Visa Bulletin consists of two different tables with top 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 circumstances, USCIS might accept the I-485 application if the priority date is current based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B may be used a number of days after the official Visa Bulletin is released. USCIS releases this information on its website devoted to the .

In many cases, it may be possible to submit the I-140 and I-485 at the exact same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted concurrently.