With minimal exceptions, all EB-2 and EB-3 permit applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is frequently the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the company must acquire a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. workers available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor responsibilities, the company should record that the chosen candidate is the "best qualified" for the position. This procedure is commonly called "Special Handling."

In both the "standard" and the "unique handling" procedure, the company must finish a formal recruitment procedure to record that there are no minimally qualified U.S. employees offered or that, in the case of positions that have a mentor part, that the picked prospect is the finest qualified. It prevails that this recruitment procedure need to be completed well after the foreign national staff member started their position at the University.

As soon as the Labor Certification has actually been filed with the Department of Labor, the "concern date" for the applicant is developed. This date is essential to figure out when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the priority 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 needed (e.g. EB-1), the filing of the I-140 is the primary step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can obtain the change of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of making an application for the Adjustment of Status, a foreign nationwide might also use for an immigrant visa at a U.S. consulate or .

The I-485 Adjustment of Status application can not be submitted till and unless the "priority date" is current. In practice this implies that, depending upon one's nation of birth and EB-category, there may be a stockpile. The stockpile exists due to the fact that more individuals use for green cards in a given classification than there are offered green card visa numbers. The total number of permits is further restricted by the reality that, with some exceptions, no more than seven percent of all permits in a given preference category can go to people born in a given nation. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin includes two separate tables with top priority 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 instances, USCIS might accept the I-485 application if the 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 might be utilized a number of days after the official Visa Bulletin is released. USCIS releases this details on its site dedicated to the Visa Bulletin.

Sometimes, it may be possible to submit the I-140 and I-485 at the exact same time. This is not always advised, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if submitted concurrently.