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 process is often the hardest and most difficult step. Prior to being able to submit the Labor Certification application, the company must acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor duties, the employer needs to document that the selected candidate is the "finest qualified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "unique handling" process, the employer should complete an official recruitment process to document that there are no minimally certified U.S. workers offered or that, in the case of positions that have a mentor element, that the selected candidate is the finest qualified. It prevails 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 submitted with the Department of Labor, employment the "top priority date" for the applicant is established. This date is necessary to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves 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 very first 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 national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent citizen. Instead of applying 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 submitted up until and unless the "priority date" is present. In practice this indicates that, depending upon one's nation of birth and EB-category, there might be a stockpile. The backlog exists since more individuals use for green cards in a given classification than there are offered permit visa numbers. The overall number of permits is further restricted by the truth that, with some exceptions, no more than 7 percent of all green cards in a given preference classification can go to people born in a given nation. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's concern date date has been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. The 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 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 indicated 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 date is present based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B may be utilized numerous days after the official Visa Bulletin is released. USCIS publishes this details on its site committed to the Visa Bulletin.

In many cases, it might be possible to file the I-140 and I-485 at the exact same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed simultaneously.