With restricted exceptions, all EB-2 and EB-3 green card applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is typically the hardest and most difficult step. Prior to being able to file the Labor Certification application, the employer should obtain a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions that include teaching responsibilities, the employer should record that the selected candidate is the "best qualified" for the position. This procedure is commonly called "Special Handling."

In both the "standard" and the "unique handling" process, the employer should finish an official recruitment process to record that there are no minimally qualified U.S. employees available or job that, in the case of positions that have a mentor element, that the chosen candidate is the finest certified. It is typical that this recruitment process need to be completed well after the foreign nationwide staff member began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "top priority date" for the candidate is developed. This date is very important to determine when someone 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 submitted with USCIS. In cases where no Labor job Certification is needed (e.g. EB-1), the filing of the I-140 is the very first action of the permit procedure.

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 change of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of getting the Adjustment of Status, a foreign nationwide may 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 submitted till and unless the "priority date" is present. In practice this indicates that, job depending upon one's nation of birth and EB-category, job there may be a stockpile. The stockpile exists due to the fact that more people apply for permits in a given category than there are readily available green card visa numbers. The overall number of permits is more limited by the truth that, with some exceptions, no more than seven percent of all green cards in a provided preference classification can go to individuals born in an offered nation. The stockpile is every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's top priority date date has actually been reached, as suggested in the Visa Bulletin, the I-485 can be filed. The top priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin includes 2 separate tables with concern 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 instances, USCIS might accept the I-485 application if the top priority 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 a number of days after the official Visa Bulletin is published. USCIS publishes this information on its site dedicated to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if filed simultaneously.