With limited exceptions, all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is frequently the hardest and most strenuous step. Prior to being able to submit the Labor Certification application, the employer must acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain mentor duties, the employer needs to document that the chosen applicant is the "best qualified" for the position. This procedure is typically called "Special Handling."

In both the "basic" and the "unique handling" process, the company must finish a formal recruitment process to record 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 prospect is the very best qualified. It prevails that this recruitment process need to be completed well after the foreign nationwide staff member 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 developed. This date is necessary to determine when somebody 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 authorizes the Labor Certification, the (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 procedure.

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 local. Instead of making an application for the Adjustment of Status, a foreign national might also get 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 "concern date" is current. In practice this implies that, depending upon one's country of birth and EB-category, there might be a backlog. The stockpile exists since more people request permits in a provided category than there are offered permit visa numbers. The total number of permits is additional restricted by the truth that, with some exceptions, no more than 7 percent of all permits in an offered preference category can go to people born in a provided nation. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

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

Note that the Visa Bulletin consists of two different tables with priority cut-off dates. The actual cut-off dates are suggested in table A "Application Final Action Dates for Employment-based Preference Cases." However, employment in some instances, employment USCIS might accept the I-485 application if the priority date is present based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be used several days after the official Visa Bulletin is published. USCIS releases this info on its website dedicated 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 suggested, even if it is possible. If the I-140 is denied, the I-485 will also be denied if filed simultaneously.