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With restricted 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 strenuous action. Prior to having the ability to file the Labor Certification application, the company must acquire a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the completion of a competitive recruitment process.

When it comes to positions that contain teaching responsibilities, the company should record that the chosen candidate is the "best certified" for the position. This process is typically called "Special Handling."

In both the "fundamental" and the "special handling" process, the company should finish a formal recruitment process to document that there are no minimally certified U.S. employees readily available or that, when it comes to positions that have a mentor component, employment that the chosen prospect is the very best qualified. It is common that this recruitment procedure need to be completed well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "top priority date" for the candidate is developed. This date is crucial to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment the top priority 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 primary step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can obtain the change of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise obtain 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 "concern date" is current. In practice this indicates that, depending on one's country of birth and EB-category, there may be a stockpile. The stockpile exists due to the fact that more individuals look for green cards in a given classification than there are readily available green card visa numbers. The total number of permits is more by the truth that, with some exceptions, no greater than 7 percent of all permits in a provided preference classification can go to individuals born in an offered nation. The stockpile is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin contains 2 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 circumstances, USCIS may accept the I-485 application if the top priority date is existing based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be utilized several days after the official Visa Bulletin is published. USCIS releases this information on its site devoted to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted concurrently.