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With limited exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor employment Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification procedure is typically the hardest and most arduous action. Prior to having the ability to submit the Labor Certification application, the company must acquire a prevailing wage from the Department of Labor and prove that there are no minimally certified U.S. workers offered for employment the positions through the completion of a competitive recruitment procedure.

When it comes to positions that include mentor duties, the employer should document that the picked applicant is the "finest qualified" for the position. This procedure is typically called "Special Handling."

In both the "basic" and employment the "unique handling" procedure, the company needs to complete a formal recruitment process to record that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a teaching component, that the picked candidate is the best certified. It prevails that this recruitment procedure need to be completed well after the foreign nationwide worker began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the applicant is established. This date is crucial to figure out when someone can finish action # 3, i.e. the Adjustment of Status. (If no 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 authorizes the Labor employment Certification, the Immigrant Petition (Form I-140) can be submitted with USCIS. In cases where no Labor employment Certification is required (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 actually been authorized by USCIS, the foreign nationwide can look for the modification of their non-immigrant status (Form I-485) to that of a legal irreversible homeowner. Instead of making an application for the Adjustment of Status, a foreign national may 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 "top priority date" is existing. In practice this implies that, depending on one's nation of birth and EB-category, there may be a backlog. The stockpile exists since more individuals look for permits in an offered category than there are available permit visa numbers. The overall variety of permits is further restricted by the truth that, with some exceptions, no greater than seven percent of all permits in an offered choice classification can go to people born in a provided nation. The backlog is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's priority date date has been reached, as suggested 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, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin contains 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 circumstances, employment 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 decision whether Table B may be used a number of days after the official Visa Bulletin is published. USCIS publishes this info on its site committed to the Visa Bulletin.

In many cases, it might be possible to file the I-140 and I-485 at the very same time. This is not constantly suggested, employment even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted concurrently.