With minimal exceptions, all EB-2 and EB-3 permit applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is typically the hardest and most strenuous action. Prior to being able to submit the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees readily available for the positions through the conclusion of a competitive recruitment process.

In the case of positions that contain mentor duties, the employer needs to record that the picked applicant is the "finest certified" for the position. This procedure is frequently called "Special Handling."

In both the "basic" and the "special handling" process, the employer must finish an official recruitment procedure to document that there are no minimally qualified U.S. employees offered or that, in the case of positions that have a mentor element, that the selected prospect is the very best certified. It prevails that this recruitment procedure must be completed well after the foreign nationwide employee started their position at the University.

As soon as the Labor Certification has been submitted with the Department of Labor, the "priority date" for employment the applicant is established. This date is very important to identify when somebody can finish 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 approves the Labor Certification, the Immigrant Petition (Form I-140) can be submitted 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 permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign national can make an application for the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of using for the Adjustment of Status, a foreign nationwide may likewise get 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 "top priority date" is current. In practice this means that, upon one's country of birth and EB-category, there may be a backlog. The backlog exists because more people obtain permits in a provided category than there are readily available permit visa numbers. The total variety of green cards is more restricted by the truth that, with some exceptions, no more than 7 percent of all permits in a given preference category can go to individuals born in a given country. The backlog is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

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

Note that the Visa Bulletin contains two different tables with top 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 may accept the I-485 application if the concern date is current based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be used numerous days after the official Visa Bulletin is published. USCIS publishes this info on its site devoted to the Visa Bulletin.

In some cases, it may be possible to file 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 denied, the I-485 will also be denied if submitted concurrently.