With limited exceptions, all EB-2 and EB-3 green card applications need that the company get 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 arduous action. Prior to having the ability to file the Labor Certification application, employment the company should acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment process.

When it comes to positions which contain teaching responsibilities, the employer should that the selected candidate is the "best qualified" for the position. This procedure is commonly called "Special Handling."

In both the "basic" and the "special handling" process, employment the company should finish an official recruitment procedure to document that there are no minimally certified U.S. employees offered or that, in the case of positions that have a teaching component, that the picked candidate is the very best qualified. It is typical that this recruitment procedure should be finished well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "priority date" for the applicant is established. This date is essential to figure out when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 submitted 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can make an application for the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of looking for the Adjustment of Status, employment a foreign national may also 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 until and unless the "concern date" is existing. In practice this implies that, depending upon one's nation of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more people get green cards in an offered classification than there are offered permit visa numbers. The total number of green cards is further restricted by the reality that, with some exceptions, no greater than 7 percent of all green cards in an offered choice category can go to people born in an offered country. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's concern date date has been reached, employment as indicated in the Visa Bulletin, the I-485 can be filed. 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 received the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with concern cut-off dates. The actual cut-off dates are suggested 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 priority 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 may be utilized numerous days after the main Visa Bulletin is published. USCIS publishes this info on its site committed to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the very same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.