With limited 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 needing this action, the Labor Certification procedure is frequently the hardest and most difficult action. Prior to being able to file the Labor Certification application, the company must 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.

When it comes to positions that consist of mentor responsibilities, the employer must document that the picked applicant is the "best qualified" for the position. This process is typically called "Special Handling."

In both the "standard" and the "unique handling" process, employment the employer should complete an official recruitment procedure to record that there are no minimally certified U.S. workers available or that, in the case of positions that have a teaching element, that the chosen prospect is the best qualified. It is typical that this recruitment process must be finished well after the foreign national employee started 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 developed. This date is important to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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, employment 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 very first step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide can look 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, a foreign national may also look for an at a U.S. consulate or employment embassy abroad.

The I-485 Adjustment of Status application can not be submitted until and unless the "priority date" is existing. In practice this means that, depending on one's country of birth and EB-category, there might be a stockpile. The stockpile exists since more individuals use for permits in an offered classification than there are readily available green card visa numbers. The total variety of green cards is more limited by the fact that, with some exceptions, no more than seven percent of all green cards in a given choice category can go to people born in a provided country. The backlog is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin includes two separate tables with top 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 top priority date is current based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used a number of days after the main Visa Bulletin is published. USCIS releases this details on its site devoted to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed simultaneously.