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

When it comes to positions which contain teaching responsibilities, employment the company should record that the chosen candidate is the "best certified" for the position. This process is frequently called "Special Handling."

In both the "standard" and the "special handling" procedure, the employer needs to complete a formal recruitment procedure to document that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a mentor element, that the chosen candidate is the very best qualified. It is common that this recruitment procedure should be finished well after the foreign national employee 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 applicant is established. This date is very important to identify when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority date is developed 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 submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the initial step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can request the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of obtaining 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 till and unless the "concern date" is current. In practice this suggests that, depending on one's nation of birth and EB-category, there may be a stockpile. The backlog exists since more individuals obtain green cards in a given classification than there are available permit visa numbers. The overall number of permits is more restricted by the fact that, with some exceptions, no more than seven percent of all permits in a given preference category can go to people born in a given nation. The backlog is upgraded each month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody's priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The top priority date is the date on which the Labor Certification was filed 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 separate tables with 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 might accept the I-485 application if the concern date is existing based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be utilized several days after the main Visa Bulletin is released. USCIS releases this info on its site devoted to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed concurrently.