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Company Description
Green Card Application Process
With minimal exceptions, all EB-2 and EB-3 permit applications require that the company get a Labor Certification from the U.S. Department of Labor. For employment petitions requiring this step, the Labor Certification process is often the hardest and most arduous step. Prior employment to being able to submit the Labor Certification application, the employer should obtain a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment procedure.
In the case of positions which contain teaching tasks, the company should document that the selected candidate is the “best qualified” for the . This process is commonly called “Special Handling.”
In both the “fundamental” and the “special handling” process, employment the employer needs to complete a formal recruitment procedure to record that there are no minimally qualified U.S. employees readily available or that, in the case of positions that have a mentor part, that the selected prospect is the very best qualified. It is typical that this recruitment process need to be finished well after the foreign nationwide employee started their position at the University.
As soon as the Labor Certification has been filed with the Department of Labor, the “top priority date” for the applicant is developed. This date is essential to determine when somebody 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 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 required (e.g. EB-1), the filing of the I-140 is the initial step of the green card 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 look for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of obtaining the Adjustment of Status, employment a foreign national may likewise request an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be filed till and employment unless the “concern date” is existing. In practice this means that, depending on one’s nation of birth and EB-category, there might be a stockpile. The stockpile exists due to the fact that more individuals obtain permits in a given category than there are readily available green card visa numbers. The total variety of green cards is further restricted by the reality that, with some exceptions, no more than 7 percent of all green cards in a provided preference category can go to people born in an offered nation. The stockpile is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.
Once somebody’s top priority date date has actually been reached, as indicated in the Visa Bulletin, employment the I-485 can be filed. The concern 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 2 separate 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 circumstances, USCIS might accept the I-485 application if the 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 might be used a number of days after the main Visa Bulletin is published. USCIS publishes this info on its site dedicated to the Visa Bulletin.
In some cases, it may be possible to submit the I-140 and I-485 at the exact 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 simultaneously.