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With minimal exceptions, all EB-2 and EB-3 permit applications need that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is frequently the hardest and most tough step. Prior to having the ability to file the Labor Certification application, the employer needs to obtain a fundamental 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 procedure.

When it comes to positions which contain mentor duties, the employer needs to record that the selected applicant is the "best qualified" for the position. This procedure is typically called "Special Handling."

In both the "standard" and the "unique handling" process, the company must complete an official recruitment procedure to document that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a teaching component, that the picked candidate is the very best qualified. It prevails that this recruitment process should be finished well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the "concern date" for the candidate is established. This date is very important to figure out when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor authorizes the Labor Certification, the Immigrant Petition (Form I-140) can be submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the very first action of the green card 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 request the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of getting the Adjustment of Status, a foreign nationwide might likewise make an application 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 "concern date" is present. In practice this indicates that, depending upon one's nation of birth and EB-category, there may be a backlog. The backlog exists due to the fact that more individuals apply for permits in a provided category than there are available green card visa numbers. The total number of permits is further restricted by the truth that, employment with some exceptions, no greater than seven percent of all permits in a given choice classification can go to people born in a provided nation. The stockpile is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's top priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was needed, 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 suggested in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS may accept the I-485 application if the top priority 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 a number of days after the official Visa Bulletin is published. USCIS releases this details on its site committed to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the very same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if filed concurrently.