Permit Application Process

With limited exceptions, all EB-2 and EB-3 permit applications need that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and employment most strenuous step. Prior to having the ability to submit the Labor Certification application, the company needs to get a prevailing wage from the Department of Labor employment and prove that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain mentor tasks, the company needs to document that the chosen applicant is the “best qualified” for the position. This process is frequently called “Special Handling.”

In both the “standard” and the “special handling” procedure, the company must complete an official recruitment process to document that there are no minimally certified U.S. workers available or that, in the case of positions that have a mentor part, that the picked prospect is the finest qualified. It is typical that this recruitment procedure must be finished well after the foreign nationwide worker started their position at the University.

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

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can obtain the change 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 likewise 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 filed up until and unless the “top priority date” is present. In practice this indicates that, depending on one’s nation of birth and EB-category, there might be a backlog. The stockpile exists since more people obtain green cards in a given category than there are available green card visa numbers. The total variety of green cards is additional limited by the reality that, with some exceptions, employment no greater than 7 percent of all green cards in an offered preference classification can go to individuals born in a provided nation. The stockpile is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody’s concern date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The 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 received the I-140 petition.

Note that the Visa Bulletin consists of 2 separate tables with 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 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 decision whether Table B may be used a number of days after the main Visa is published. USCIS publishes this details on its website devoted to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if filed concurrently.