With limited exceptions, all EB-2 and EB-3 green card applications require that the employer get 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 to having the ability to file the Labor Certification application, the employer should 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 completion of a competitive recruitment procedure.

When it comes to positions which contain teaching tasks, the company needs to document that the selected candidate is the "finest qualified" for the position. This procedure is typically called "Special Handling."

In both the "basic" and the "unique handling" process, the company needs to finish a formal recruitment process to record that there are no minimally certified U.S. workers offered or that, when it comes to positions that have a teaching component, that the selected prospect is the best qualified. It prevails that this recruitment procedure 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 "top priority date" for the candidate is developed. This date is very important to figure out when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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 filed 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 actually been approved by USCIS, the foreign nationwide can obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of obtaining the Adjustment of Status, a foreign national may likewise request 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 "top priority date" is current. In practice this indicates that, depending upon one's nation of birth and EB-category, there might be a stockpile. The because more people obtain permits in a provided category than there are offered permit visa numbers. The overall variety of green cards is further restricted by the reality that, with some exceptions, no more than seven percent of all green cards in an offered preference category can go to individuals born in a provided nation. The backlog is upgraded every month by the U.S. Department of State and employment 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 filed. 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 contains two different tables with top 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, employment USCIS may accept the I-485 application if the concern date is present 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 several days after the main Visa Bulletin is published. USCIS publishes this information on its website committed to the Visa Bulletin.

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