With minimal exceptions, all EB-2 and EB-3 permit 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 typically the hardest and most strenuous action. Prior to having the ability to file the Labor Certification application, the company must acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain teaching duties, the company needs to record that the selected applicant is the "finest qualified" for the position. This process is commonly called "Special Handling."

In both the "fundamental" and the "special handling" process, the company needs to complete a formal recruitment process to document that there are no minimally qualified U.S. employees offered or that, in the case of positions that have a teaching component, that the picked prospect is the best qualified. It is typical that this recruitment process need to be finished well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "priority date" for the applicant is established. This date is crucial to identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority 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 filed 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 permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign nationwide can make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of making an application for the Adjustment of Status, employment a foreign national may likewise request 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 present. In practice this indicates that, depending on one's country 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 offered permit visa numbers. The overall number of permits is further limited by the fact that, employment with some exceptions, no greater than 7 percent of all permits in a given preference category can go to people born in a given nation. The stockpile is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

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

Note that the Visa Bulletin contains two separate tables with priority cut-off dates. The actual cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS might accept the I-485 application if the top priority 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 may be utilized a number of days after the main Visa Bulletin is released. USCIS releases this on its website dedicated to the Visa Bulletin.

In some cases, it might be possible to submit the I-140 and I-485 at the very same time. This is not always advised, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if submitted concurrently.