Update 'Green Card Application Process'

Green-Card-Application-Process.md

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+<br>With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is typically the hardest and most tough step. Prior  [employment](https://dokuwiki.stream/wiki/User:StephenBeuzevill) to being able to file the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.<br>
+<br>In the case of positions that contain mentor tasks, the company needs to record that the chosen candidate is the "finest qualified" for the position. This procedure is typically called "Special Handling."<br>
+<br>In both the "fundamental" and  [employment](https://www.wakewiki.de/index.php?title=Benutzer:GraigU58044281) the "unique handling" procedure, the employer must complete a formal recruitment process to record that there are no minimally qualified U.S. employees available or that, in the case of positions that have a teaching component, that the chosen prospect is the very best certified. It prevails that this recruitment procedure should be [completed](http://networkcomputersystem.com) well after the foreign nationwide staff member began their position at the University.<br>
+<br>As soon as the Labor Certification has actually been submitted with the Department of Labor, the "priority date" for the applicant is developed. This date is very important to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is developed with the filing of the Immigrant Petition/ Form I-140.<br>
+<br>2. Immigrant Petition<br>
+<br>Once the Department of Labor approves 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 permit procedure.<br>
+<br>3. Adjustment of Status or Obtaining an Immigrant Visa<br>
+<br>Once the I-140 application has actually been approved by USCIS, the foreign nationwide can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of getting the Adjustment of Status, a foreign nationwide may also use for an immigrant visa at a U.S. consulate or embassy abroad.<br>
+<br>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 upon one's nation of birth and EB-category, there may be a backlog. The backlog exists since more people get  in a given category than there are offered permit visa numbers. The total number of permits is further limited by the truth that, with some exceptions, no more than 7 percent of all [permits](https://jobistan.af) in a given preference classification can go to individuals born in an offered country. The backlog is upgraded each month by the U.S. Department of State and is published in the Visa Bulletin.<br>
+<br>Once somebody's priority date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be filed. The 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.<br>
+<br>Note that the Visa Bulletin contains 2 different tables with top priority cut-off dates. The real cut-off dates are shown in table A "Application Final Action Dates for [Employment](https://careerterms.com)-based Preference Cases." However, in some instances, USCIS might accept the I-485 application if the priority date is current based upon table B "Dates for Filing of [Employment](https://alabamaworks.com)-based Visa Applications." Note that USCIS will make a decision whether Table B might be used a number of days after the official Visa Bulletin is published. [USCIS publishes](https://londonstaffing.uk) this info on its site dedicated to the Visa Bulletin.<br>
+<br>In some cases, it might be possible to file the I-140 and I-485 at the same time. This is not always recommended, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed simultaneously.<br>