With restricted exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is often the hardest and most difficult action. Prior to having the ability to file the Labor Certification application, the employer should get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the conclusion of a competitive recruitment process.

When it comes to positions which contain mentor duties, employment the employer must record that the picked applicant is the "best qualified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" process, the company needs to finish a formal recruitment procedure to document that there are no minimally qualified U.S. workers available or that, when it comes to that have a mentor element, that the selected candidate is the finest certified. It prevails that this recruitment process need to be completed well after the foreign nationwide worker started their position at the University.

As soon as the Labor Certification has been submitted with the Department of Labor, the "top priority date" for the candidate is developed. This date is necessary to identify when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the 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 employment 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 green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can request the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of getting the Adjustment of Status, a foreign national may also apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the "priority date" is current. In practice this suggests that, depending upon one's nation of birth and EB-category, there may be a stockpile. The stockpile exists since more people apply for permits in a provided classification than there are available green card visa numbers. The total number of permits is more limited by the truth that, with some exceptions, no greater than seven percent of all green cards in a provided preference category can go to individuals born in a provided country. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern date date has been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The top priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor employment Certification was required, USCIS received 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 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 concern date is current based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be utilized a number of days after the official Visa Bulletin is released. USCIS publishes this details on its website committed to the Visa Bulletin.

Sometimes, employment it may 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 denied if submitted concurrently.