Green Card Application Process

With limited exceptions, all EB-2 and EB-3 green card applications need that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor job Certification procedure is often the hardest and most tough action. Prior to being able to file the Labor Certification application, the company needs to 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 procedure.

When it comes to positions that include mentor responsibilities, the employer should record that the picked applicant is the « best qualified » for the position. This process is typically called « Special Handling. »

In both the « standard » and the « special handling » procedure, the employer must finish a formal recruitment procedure to record that there are no minimally certified U.S. workers available or that, when it comes to positions that have a mentor part, that the picked candidate is the finest qualified. It is common that this recruitment procedure should be finished well after the foreign nationwide employee started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the « concern date » for the candidate is developed. This date is important to identify when someone can finish action # 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 authorizes the Labor Certification, job 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 green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can use for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of making an application for the Adjustment of Status, a foreign nationwide may also make an application for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until and unless the « concern date » is current. In practice this indicates that, depending on one’s nation of birth and EB-category, there might be a backlog. The backlog exists since more people get in a provided category than there are offered green card visa numbers. The total number of permits is additional restricted by the fact that, with some exceptions, no more than seven percent of all permits in an offered preference classification can go to individuals born in an offered country. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s concern date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The concern 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 includes two separate 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, job in some circumstances, USCIS might accept the I-485 application if the concern date is current based upon table B « Dates for Filing of Employment-based Visa Applications. » Note that USCIS will make a determination whether Table B might be utilized several days after the official Visa Bulletin is released. USCIS publishes this details on its site dedicated to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed concurrently.