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With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, employment the Labor Certification procedure is frequently the hardest and most arduous action. Prior to having the ability to file the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain teaching tasks, the company needs to document that the picked candidate is the "best certified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "unique handling" procedure, the employer needs to complete a formal recruitment procedure to document that there are no minimally qualified U.S. workers readily available or that, when it comes to positions that have a teaching component, that the picked prospect is the best certified. It is common that this recruitment process must be finished well after the foreign national worker started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "concern date" for the applicant is established. This date is very important to determine when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 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 action 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 national can look for the change of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of requesting the Adjustment of Status, a foreign national might likewise request 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 "top priority date" is present. In practice this indicates that, depending upon one's country of birth and EB-category, there may be a backlog. The backlog exists since more individuals apply for permits in a provided classification than there are offered green card visa numbers. The total number of green cards is additional limited by the fact that, with some exceptions, no more than 7 percent of all permits in an offered choice category can go to people born in an offered nation. The is upgraded every month by the U.S. Department of State and 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 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 two different tables with priority cut-off dates. The real cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS might accept the I-485 application if the concern date is current based upon 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 official Visa Bulletin is released. USCIS releases this info 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 constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted simultaneously.