With minimal exceptions, all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the U.S. of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most tough action. Prior to having the ability to submit the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees readily available for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that consist of teaching tasks, the employer must document that the picked candidate is the "finest certified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "unique handling" process, the company needs to complete a formal recruitment procedure to record that there are no minimally certified U.S. employees available or that, in the case of positions that have a teaching element, that the picked prospect is the very best certified. It is common that this recruitment process 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 "concern date" for the applicant is developed. This date is very important to identify when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the 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 Immigrant Petition (Form I-140) can be filed 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 nationwide can get the modification of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of applying for the Adjustment of Status, a foreign nationwide might 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 implies that, depending upon one's country of birth and EB-category, there might be a backlog. The backlog exists since more people get green cards in a provided category than there are offered permit visa numbers. The overall variety of permits is more limited by the truth that, with some exceptions, no more than seven percent of all green cards in an offered choice classification can go to people born in a given country. The backlog is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's priority date date has been reached, as shown 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 required, USCIS got the I-140 petition.

Note that the Visa Bulletin contains 2 different tables with priority 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 on 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 published. USCIS publishes this info on its website 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 always suggested, even if it is possible. If the I-140 is rejected, employment the I-485 will likewise be denied if submitted concurrently.