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 requiring this action, the Labor Certification process is frequently the hardest and most tough action. Prior to having the ability to file the Labor Certification application, the employer needs to acquire 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 completion of a competitive recruitment process.

In the case of positions that include teaching tasks, job the company needs to record that the picked applicant is the "best qualified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "unique handling" process, the company must complete an official recruitment procedure to record that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a mentor element, that the selected candidate is the finest certified. It is typical that this recruitment procedure need to be completed well after the foreign national employee started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the "concern date" for the applicant is established. This date is very important to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 required (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, job the foreign nationwide can get the change of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of using for the Adjustment of Status, a foreign nationwide might also 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 nation of birth and job EB-category, there might be a stockpile. The stockpile exists due to the fact that more individuals apply for green cards in a given category than there are readily available permit visa numbers. The total number of is additional limited by the fact that, with some exceptions, no more than seven percent of all permits in an offered preference category can go to individuals born in an offered nation. The backlog is upgraded monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's priority date date has actually been reached, as suggested 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 needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with priority cut-off dates. The actual 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 upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be used numerous days after the main Visa Bulletin is published. USCIS publishes this info on its site dedicated to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the same time. This is not always suggested, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted concurrently.