With minimal exceptions, all EB-2 and EB-3 permit applications need that the employer 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 arduous step. Prior to being able to file the Labor Certification application, the employer should acquire a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that include mentor responsibilities, the company must document that the selected candidate is the "best qualified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "special handling" process, the employer needs to finish a formal recruitment process to record that there are no minimally qualified U.S. workers offered or that, in the case of positions that have a teaching element, that the picked candidate is the finest certified. It is typical that this recruitment process need to be finished 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 "top priority date" for the applicant is developed. This date is essential to figure out when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern 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 Immigrant Petition (Form I-140) can be filed 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 process.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be filed until and unless the "top priority date" is existing. In practice this means that, depending on one's nation of birth and EB-category, there may be a backlog. The because more individuals obtain permits in a given classification than there are offered permit visa numbers. The overall number of permits is further limited by the fact that, with some exceptions, no greater than seven percent of all permits in a provided choice classification can go to people born in a given nation. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern date date has been reached, as shown 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, employment or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two separate 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 instances, USCIS might accept the I-485 application if the priority date is present based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be used numerous days after the official Visa Bulletin is published. USCIS publishes this information on its website committed to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed concurrently.