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With minimal exceptions, all EB-2 and EB-3 green card applications require that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is often the hardest and most strenuous step. Prior to having the ability to file the Labor Certification application, the company needs to obtain a fundamental 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.

In the case of positions which contain teaching duties, the company must record that the selected candidate is the "finest certified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" procedure, the employer should finish a formal recruitment process to document that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a mentor component, that the selected prospect is the finest qualified. It prevails that this recruitment procedure need to be finished 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 "top priority date" for the candidate is developed. This date is necessary to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor employment Certification is needed, the top priority 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 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 green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign nationwide can request the adjustment 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 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 up until and unless the "concern date" is existing. In practice this implies that, depending upon one's nation of birth and EB-category, there may be a stockpile. The backlog exists due to the fact that more individuals get green cards in an offered classification than there are available permit visa numbers. The overall number of permits is more limited by the truth that, with some exceptions, no greater than 7 percent of all permits in a given choice classification can go to people born in a given country. The backlog is upgraded 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 indicated in the Visa Bulletin, 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 required, USCIS received the I-140 petition.

Note that the Visa Bulletin contains two different tables with top priority cut-off dates. The real cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS may accept the I-485 if the concern date is existing 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 main Visa Bulletin is released. USCIS publishes this details on its site dedicated to the Visa Bulletin.

In some cases, it might 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 rejected, the I-485 will likewise be rejected if filed concurrently.