Skip to main content

Nas Store

Overview

  • Fecha de fundación marzo 16, 1919
  • Sectores Energía
  • Retos publicados 0

Sobre la Entidad

Permit Application Process

With restricted exceptions, all EB-2 and EB-3 green card applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is typically the hardest and most arduous action. Prior to being able to submit the Labor Certification application, the employer needs to get a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment process.

In the case of positions that include teaching duties, employment the company should record that the selected applicant is the «finest qualified» for the position. This process is frequently called «Special Handling.»

In both the «standard» and the «unique handling» process, the company must complete a formal recruitment process to document that there are no minimally certified U.S. workers available or employment that, when it comes to positions that have a teaching component, that the selected candidate is the very best qualified. It is common that this recruitment process should be completed well after the foreign national worker began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the «concern date» for the candidate is developed. This date is necessary to figure out when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top 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 needed (e.g. EB-1), the filing of the I-140 is the very first action of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can get the change of their non-immigrant status (Form I-485) to that of a legal irreversible citizen. Instead of looking for the Adjustment of Status, employment a foreign nationwide may likewise obtain an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the «concern date» is current. In practice this suggests that, depending on one’s nation of birth and EB-category, there may be a stockpile. The stockpile exists because more individuals request permits in an offered category than there are available permit visa numbers. The overall number of green cards is additional limited by the truth 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 stockpile is updated each month 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 indicated in the Visa Bulletin, the I-485 can be submitted. The priority 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 contains two different tables with priority cut-off dates. The actual cut-off dates are in table A «Application Final Action Dates for Employment-based Preference Cases.» However, in some instances, USCIS might accept the I-485 application if the top priority date is existing based on table B «Dates for Filing of Employment-based Visa Applications.» Note that USCIS will make a decision 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.

Sometimes, it may be possible to submit the I-140 and employment I-485 at the very same time. This is not always advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed simultaneously.