Green Card Application Process

With limited exceptions, employment all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most tough action. Prior to being able to file the Labor Certification application, the company needs to acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment .

In the case of positions which contain teaching responsibilities, the company should record that the chosen applicant is the « best qualified » for the position. This procedure is typically called « Special Handling. »

In both the « standard » and the « special handling » process, the employer must complete a formal recruitment procedure to document that there are no minimally qualified U.S. workers offered or that, when it comes to positions that have a mentor part, employment that the selected candidate is the best qualified. It prevails that this recruitment procedure must be finished well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the « top priority date » for the candidate is developed. This date is essential to figure out when someone 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 needed (e.g. EB-1), the filing of the I-140 is the primary step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of getting the Adjustment of Status, a foreign national may also get an immigrant visa at a U.S. consulate or employment embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the « concern date » is current. In practice this implies that, employment depending upon one’s nation of birth and EB-category, there might be a backlog. The stockpile exists because more people look for permits in an offered category than there are offered green card visa numbers. The overall variety of permits is further limited by the reality that, with some exceptions, no more than 7 percent of all permits in an offered choice classification can go to individuals born in an offered country. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s top priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The priority date is the date on which the Labor Certification was filed 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 concern 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 circumstances, USCIS might accept the I-485 application if the top 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 may be used a number of days after the main Visa Bulletin is published. 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 constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed concurrently.