With limited exceptions, all EB-2 and EB-3 permit applications need that the company obtain a Labor Certification from the U.S. of Labor. For petitions requiring this action, the Labor Certification procedure is frequently the hardest and most tough step. Prior to being able to submit the Labor Certification application, the employer must obtain a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees offered for the positions through the completion of a competitive recruitment process.

In the case of positions which contain mentor duties, the employer should document that the picked applicant is the "finest qualified" for the position. This procedure is commonly called "Special Handling."

In both the "standard" and the "unique handling" process, the employer must finish an official recruitment procedure to record that there are no minimally certified U.S. workers available or that, when it comes to positions that have a mentor element, that the picked candidate is the very best certified. It prevails that this recruitment process must be finished well after the foreign nationwide worker began 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 necessary to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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 filed 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 actually been authorized by USCIS, the foreign national can apply for the modification of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of using for the Adjustment of Status, employment a foreign national may 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 till and unless the "priority date" is current. In practice this indicates that, depending upon one's nation of birth and EB-category, there might be a backlog. The backlog exists since more individuals obtain permits in a given classification than there are available green card visa numbers. The total number of permits is more limited by the fact that, with some exceptions, no greater than 7 percent of all permits in a provided choice classification can go to individuals born in an offered nation. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's concern date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The 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 includes 2 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 application if the concern date is existing based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be utilized numerous days after the main Visa Bulletin is published. USCIS releases this information on its site dedicated to the Visa Bulletin.

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