With restricted exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is typically the hardest and most strenuous step. Prior to having the ability to submit 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. workers available for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that consist of mentor responsibilities, the employer needs to record that the picked candidate is the "best certified" for the position. This process is typically called "Special Handling."

In both the "fundamental" and the "unique handling" procedure, the employer must complete a formal recruitment process to document that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a teaching part, that the picked prospect is the very best certified. It prevails that this recruitment process should be finished well after the foreign national worker began their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the "priority date" for the applicant is developed. This date is essential to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, the (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 approved by USCIS, the foreign nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of making an application for the Adjustment of Status, a foreign national might also look for 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 "concern date" is current. In practice this implies that, depending upon one's nation of birth and job EB-category, there may be a backlog. The stockpile exists due to the fact that more individuals request green cards in a provided classification than there are readily available permit visa numbers. The total variety of green cards is more limited by the truth that, with some exceptions, no greater than 7 percent of all green cards in an offered choice 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 someone's top priority date date has actually 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 got the I-140 petition.

Note that the Visa Bulletin consists of two different tables with concern cut-off dates. The real 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 top 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 released. USCIS publishes this details on its site 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 constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted concurrently.