From 7f8ed5b5e7d537ed21a0a431692df36deaca2c16 Mon Sep 17 00:00:00 2001 From: Aleida Mounts Date: Mon, 10 Feb 2025 09:10:27 +0100 Subject: [PATCH] Add Permit Application Process --- Permit-Application-Process.md | 12 ++++++++++++ 1 file changed, 12 insertions(+) create mode 100644 Permit-Application-Process.md diff --git a/Permit-Application-Process.md b/Permit-Application-Process.md new file mode 100644 index 0000000..11cc733 --- /dev/null +++ b/Permit-Application-Process.md @@ -0,0 +1,12 @@ +
With minimal 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 requiring this action, the Labor Certification process is often the hardest and most arduous action. Prior to having the ability to submit the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.
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In the case of positions which contain teaching responsibilities, the company needs to record that the selected applicant is the "best certified" for the position. This process is commonly called "Special Handling."
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In both the "fundamental" and the "unique handling" process, the employer should finish a formal recruitment to document that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a mentor element, that the selected candidate is the best qualified. It is common that this recruitment procedure should be [completed](http://onlinelogisticsjobs.com) well after the foreign nationwide staff member began their position at the [University](https://job4thai.com).
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As quickly as the [Labor Certification](https://justhired.co.in) has been filed with the Department of Labor, the "concern date" for the applicant is established. This date is crucial to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top priority date is established with the filing of the Immigrant Petition/ Form I-140.
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2. Immigrant Petition
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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 step of the permit process.
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3. Adjustment of Status or Obtaining an Immigrant Visa
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Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can look for the modification of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of using for the Adjustment of Status, a foreign nationwide may also obtain an immigrant visa at a U.S. consulate or embassy abroad.
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The I-485 Adjustment of Status application can not be submitted up until and unless the "concern date" is existing. In practice this implies that, depending upon one's nation of birth and EB-category, there may be a backlog. The backlog exists since more individuals obtain permits in a given classification than there are readily available green card visa numbers. The total variety of green cards is additional restricted by the reality that, with some exceptions, no more than seven percent of all permits in a provided choice classification can go to individuals born in a given country. The backlog is updated every month by the U.S. Department of State and is released in the Visa Bulletin.
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Once someone's top priority date date has actually been reached, as suggested in the Visa Bulletin, the I-485 can be filed. The top 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.
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Note that the Visa Bulletin contains two separate tables with top priority cut-off dates. The [actual cut-off](https://ticketbaze.com) dates are shown in table A "Application Final Action Dates for [Employment](https://empregos.acheigrandevix.com.br)-based Preference Cases." However, in some instances, USCIS may accept the I-485 application if the top priority date is existing based upon table B "Dates for Filing of [Employment](https://koubry.com)-based Visa Applications." Note that USCIS will make a decision whether Table B may be used numerous days after the official Visa Bulletin is released. USCIS releases this information on its site devoted to the Visa Bulletin.
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In some cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, [employment](https://wiki.rolandradio.net/index.php?title=User:DarrylDewitt) the I-485 will also be denied if submitted simultaneously.
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