With limited exceptions, all EB-2 and EB-3 permit applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and most strenuous step. Prior to being able to file the Labor Certification application, the employer must obtain a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the conclusion of a competitive recruitment process.

In the case of positions that include mentor responsibilities, the employer needs to record that the picked candidate is the "best certified" for the position. This process is frequently called "Special Handling."

In both the "standard" and the "special handling" process, the company should finish an official recruitment process to document that there are no minimally certified U.S. employees available or that, in the case of positions that have a teaching part, that the picked prospect is the very best qualified. It is common that this recruitment process should be completed well after the foreign national worker began their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "priority date" for the candidate is developed. This date is essential to figure out when someone can finish action # 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 job 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 first action of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign nationwide can get the modification of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of obtaining the Adjustment of Status, a foreign national might also 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 "priority date" is present. In practice this implies that, depending on one's of birth and EB-category, there might be a stockpile. The backlog exists due to the fact that more individuals request permits in an offered category than there are available green card visa numbers. The total variety of permits is further limited by the truth that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to people born in an offered country. The stockpile is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once someone's priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The top priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor job Certification was required, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 separate tables with concern 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 might 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 determination whether Table B might be used several days after the official Visa Bulletin is released. USCIS publishes this information on its site dedicated to the Visa Bulletin.

In some cases, it may be possible to submit the I-140 and I-485 at the very same time. This is not constantly recommended, even if it is possible. If the I-140 is rejected, job the I-485 will also be denied if submitted simultaneously.