Permit Application Process

With restricted exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is often the hardest and most strenuous step. Prior to having the ability to file the Labor Certification application, the company should get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that consist of teaching tasks, the employer should document that the chosen candidate is the “finest qualified” for the position. This process is typically called “Special Handling.”

In both the “standard” and the “unique handling” process, the company must complete an official recruitment procedure to record that there are no minimally qualified U.S. workers readily available or that, in the case of positions that have a teaching component, that the selected prospect is the very best certified. It prevails that this need to be completed well after the foreign nationwide worker began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the “top priority date” for the candidate is established. This date is essential to identify when someone can finish action # 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 approves the Labor referall.us 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 permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of looking for the Adjustment of Status, a foreign national might also apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed until and unless the “top priority date” is current. In practice this implies that, depending on one’s country of birth and somalibidders.com EB-category, there may be a stockpile. The stockpile exists since more people request green cards in an offered category than there are available permit visa numbers. The total variety of permits is more restricted by the reality that, with some exceptions, no more than seven percent of all permits in an offered preference classification can go to individuals born in a given country. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. 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 required, USCIS received the I-140 petition.

Note that the Visa Bulletin includes 2 different tables with top priority cut-off dates. The real cut-off dates are suggested in table A “Application Final Action Dates for Employment-based Preference Cases.” However, in some instances, USCIS may accept the I-485 application if the top priority date is present based on table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a determination whether Table B may be utilized a number of days after the official Visa Bulletin is published. USCIS releases this details on its site committed to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the very same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed concurrently.