With limited exceptions, all EB-2 and EB-3 permit applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is frequently the hardest and most difficult action. Prior to having the ability to file the Labor Certification application, the employer must acquire a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers available for the positions through the completion of a competitive recruitment process.

When it comes to positions that consist of teaching responsibilities, the company should record that the picked candidate is the "finest certified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" procedure, the company must complete an official recruitment process to document that there are no minimally qualified U.S. workers available or that, in the case of positions that have a mentor component, that the selected candidate is the very best certified. It is common that this recruitment process should be completed well after the foreign national worker began their position at the University.

As soon as the Labor Certification has been filed with the Department of Labor, the "priority date" for the applicant is developed. This date is very important to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can get the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of obtaining the Adjustment of Status, employment a foreign nationwide might also apply 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 "concern date" is current. In practice this indicates that, depending upon one's nation of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals get permits in an offered classification than there are offered green card visa numbers. The overall variety of permits is additional restricted by the reality that, with some exceptions, no more than 7 percent of all permits in a given choice classification can go to people 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.

Once someone's top priority date date has been reached, as shown 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, employment or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin contains 2 different tables with top priority cut-off dates. The dates are shown 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 concern date is present based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be used a number of days after the main Visa Bulletin is released. USCIS publishes this information on its website devoted to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the very same time. This is not always recommended, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted simultaneously.