With limited exceptions, all EB-2 and EB-3 green card applications require that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is often the hardest and most strenuous action. Prior to having the ability to submit the Labor Certification application, employment the employer needs to obtain a prevailing wage from the of Labor and show that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that contain teaching duties, employment the employer should record that the chosen applicant is the "best certified" for the position. This procedure is typically called "Special Handling."

In both the "standard" and the "special handling" process, the employer must complete a formal recruitment process to record that there are no minimally qualified U.S. workers readily available or that, when it comes to positions that have a mentor part, that the selected prospect is the finest certified. It is typical that this recruitment process need to be finished well after the foreign nationwide employee began their position at the University.

As soon as the Labor Certification has actually been submitted with the Department of Labor, the "concern date" for the candidate is developed. This date is essential to determine when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is established 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 filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can look for the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of using for the Adjustment of Status, a foreign national may also 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 "top priority date" is current. In practice this suggests that, depending upon one's nation of birth and EB-category, there may be a stockpile. The backlog exists because more individuals make an application for permits in a given classification than there are readily available permit visa numbers. The overall number of green cards is additional restricted by the fact that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to individuals born in a provided nation. The backlog 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 been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, employment USCIS received the I-140 petition.

Note that the Visa Bulletin contains 2 separate tables with priority cut-off dates. The real cut-off dates are shown 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 priority date is present 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 information on its website devoted to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the same time. This is not constantly recommended, employment even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if filed simultaneously.