With minimal exceptions, all EB-2 and EB-3 permit applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is often the hardest and most difficult action. Prior to being able to submit the Labor Certification application, the company must obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for employment the positions through the conclusion of a competitive recruitment process.

In the case of positions that contain mentor duties, the company should record that the selected candidate is the "best qualified" for the position. This procedure is frequently called "Special Handling."

In both the "fundamental" and the "unique handling" procedure, the company should finish an official recruitment process to document that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a teaching component, that the selected prospect is the very best qualified. It is common that this recruitment procedure must be finished well after the foreign nationwide worker started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the applicant is established. This date is essential to figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the 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 filed 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 permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of requesting the Adjustment of Status, a foreign nationwide might likewise make an application for 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 present. In practice this means that, depending on one's country of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more people request green cards in a provided classification than there are available permit visa numbers. The overall variety of permits is further restricted by the truth that, with some exceptions, no more than seven percent of all permits in an offered choice category can go to people born in an country. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's priority date date has been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. 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.

Note that the Visa Bulletin consists of 2 separate tables with top priority cut-off dates. The actual cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS might accept the I-485 application if the concern date is current based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be utilized several days after the main Visa Bulletin is released. USCIS releases this details on its site dedicated to the Visa Bulletin.

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