With limited 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 employment petitions needing this action, the Labor Certification procedure is typically the hardest and most difficult action. Prior to having the ability to file the Labor Certification application, the company should obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain teaching tasks, the company must document that the chosen applicant is the "finest certified" for the position. This procedure is commonly called "Special Handling."

In both the "standard" and the "special handling" procedure, employment the company must complete an official recruitment process to document that there are no minimally certified U.S. workers offered or that, in the case of positions that have a teaching component, that the chosen candidate is the very best qualified. It prevails that this recruitment procedure should be completed well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the applicant is established. This date is very important to identify when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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, 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 initial step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be submitted up until and unless the "priority date" is present. In practice this suggests that, depending on one's country of birth and EB-category, employment there might be a backlog. The backlog exists due to the fact that more people make an application for green cards in an offered category than there are readily available green card visa numbers. The total variety of permits is additional restricted by the fact that, with some exceptions, no greater than 7 percent of all green cards in a provided choice classification can go to individuals born in an offered country. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin includes 2 different tables with concern cut-off dates. The actual cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, employment in some instances, USCIS might accept the I-485 application if the concern date is present based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be used a number of days after the official Visa Bulletin is released. USCIS publishes this details on its site devoted to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted simultaneously.