With minimal exceptions, all EB-2 and EB-3 permit applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is typically the hardest and most difficult action. Prior to being able to file the Labor Certification application, the employer should obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees readily available for the through the conclusion of a competitive recruitment process.

When it comes to positions that contain teaching tasks, the company should document that the picked applicant is the "best certified" for the position. This procedure is typically called "Special Handling."

In both the "standard" and the "unique handling" process, the employer should finish an official recruitment procedure to document that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a teaching element, that the selected prospect is the best certified. It is common that this recruitment process must be completed well after the foreign national worker began their position at the University.

As soon as the Labor Certification has actually been submitted with the Department of Labor, the "top priority date" for the candidate is established. This date is crucial to identify when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, employment 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 primary step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can make an application for the modification of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of applying for the Adjustment of Status, a foreign nationwide might also obtain 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 "priority date" is current. In practice this means that, depending on one's country of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals obtain permits in a given category than there are readily available green card visa numbers. The overall number of permits is more limited by the fact that, with some exceptions, no more than 7 percent of all permits in a given preference classification can go to people born in a provided country. The stockpile is upgraded monthly 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 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 got the I-140 petition.

Note that the Visa Bulletin contains 2 separate tables with top priority cut-off dates. The actual cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS may accept the I-485 application if the priority date is existing based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used several days after the official Visa Bulletin is released. USCIS releases this information on its website devoted to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly recommended, employment even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.