With minimal exceptions, all EB-2 and EB-3 green card applications require that the employer acquire 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 being able to submit the Labor Certification application, the employer must get a prevailing wage from the Department of Labor and prove 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 mentor employment responsibilities, the employer must document that the chosen applicant is the "finest qualified" for the position. This procedure is typically called "Special Handling."

In both the "basic" and the "special handling" procedure, the company needs to complete a formal recruitment process to document that there are no minimally qualified U.S. employees available or that, when it comes to that have a mentor component, that the chosen candidate is the best qualified. It is typical that this recruitment process should be finished well after the foreign nationwide worker began 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 applicant is established. This date is very important to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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 primary step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can request the modification of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of looking for the Adjustment of Status, a foreign national might likewise get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the "top priority date" is current. In practice this means that, depending upon one's nation of birth and EB-category, there might be a stockpile. The backlog exists since more individuals apply for green cards in an offered classification than there are offered permit visa numbers. The total variety of permits is more restricted by the truth that, with some exceptions, no more than 7 percent of all permits in an offered choice classification can go to individuals born in an offered country. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's top priority date date has actually 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 got the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with top 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 instances, USCIS may accept the I-485 application if the priority date is present based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B may be utilized numerous 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 exact same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if submitted simultaneously.