With minimal 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 action, the Labor Certification process is often the hardest and employment most strenuous action. Prior to having the ability to submit the Labor Certification application, the company should get a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers readily available for employment the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching duties, the employer should record that the chosen applicant is the "best certified" for the position. This process is frequently called "Special Handling."

In both the "basic" and the "special handling" procedure, the employer must complete a formal recruitment process to document that there are no minimally certified U.S. workers readily available or employment that, when it comes to positions that have a teaching component, that the selected prospect is the best certified. It is typical that this recruitment procedure must be completed well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the "concern date" for the applicant is established. This date is essential to identify when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern 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 filed 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been by USCIS, the foreign national can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise request an immigrant visa at a U.S. consulate or embassy abroad.

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

Once somebody'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 filed with the Department of Labor, or, if no Labor Certification was required, employment USCIS received the I-140 petition.

Note that the Visa Bulletin contains two 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 existing based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be utilized a number of days after the official Visa Bulletin is released. USCIS releases this information on its website committed to the Visa Bulletin.

In many cases, it may be possible to submit the I-140 and I-485 at the exact same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if filed concurrently.