With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification process is often the hardest and most tough action. Prior employment to having the ability to submit the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment process.

When it comes to positions which contain teaching responsibilities, the company should record that the picked applicant is the "best certified" for the position. This process is frequently called "Special Handling."

In both the "standard" and the "unique handling" process, the employer must finish a formal recruitment procedure to document that there are no minimally qualified U.S. employees readily available or that, in the case of positions that have a teaching part, that the chosen candidate is the best qualified. It prevails that this recruitment process should be completed well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the "priority date" for the candidate is developed. This date is necessary to determine when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established 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 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 procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can apply for the modification of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of obtaining the Adjustment of Status, a foreign national might also apply for an immigrant visa at a U.S. consulate or embassy abroad.

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

Once someone's priority date date has 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 submitted with the Department of Labor, or, if no Labor Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin contains two different tables with priority cut-off dates. The actual cut-off dates are indicated 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 concern 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 might be used numerous days after the official Visa Bulletin is published. USCIS releases this details 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 advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed simultaneously.