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Green Card Application Process
With restricted 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 job petitions needing this step, the Labor Certification process is often the hardest and most strenuous action. Prior to having the ability to file the Labor Certification application, the employer needs to get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment procedure.
When it comes to positions which contain mentor tasks, job the employer should document that the picked candidate is the “best qualified” for the position. This procedure is frequently called “Special Handling.”
In both the “standard” and the “unique handling” procedure, the company should finish an official recruitment process to document that there are no minimally certified U.S. employees offered or that, in the case of positions that have a mentor part, that the chosen prospect is the finest certified. It prevails that this recruitment procedure should be completed well after the foreign nationwide worker began their position at the University.
As soon as the Labor Certification has been filed with the Department of Labor, the “top priority date” for job the applicant is established. This date is essential to figure out when someone can complete action # 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 of Labor authorizes the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can get the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of making an application for the Adjustment of Status, a foreign nationwide may likewise request an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be submitted till and unless the “priority date” is current. In practice this implies that, job depending on one’s nation of birth and EB-category, there might be a backlog. The backlog exists since more individuals obtain permits in a given classification than there are offered green card visa numbers. The total number of green cards is further limited by the reality that, with some exceptions, no more than seven percent of all permits in an offered preference category can go to individuals born in a given country. The backlog is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.
Once someone’s priority date date has been reached, as indicated 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, job if no Labor Certification was needed, USCIS got the I-140 petition.
Note that the Visa Bulletin consists of 2 different tables with top priority cut-off dates. The real cut-off dates are shown in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some instances, job USCIS might accept the I-485 application if the concern date is present 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 releases this details on its website devoted to the Visa Bulletin.
In some cases, it might be possible to submit 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 submitted simultaneously.