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With restricted exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is frequently the hardest and most tough action. Prior to being able to file the Labor Certification application, the employer should get a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

When it comes to positions which contain mentor duties, the company must document that the selected candidate is the "best qualified" for the position. This procedure is frequently called "Special Handling."

In both the "basic" and the "unique handling" procedure, the employer needs to complete an official recruitment procedure to document that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a mentor component, employment that the picked prospect is the very best certified. It prevails that this recruitment process must be completed well after the foreign nationwide worker started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the candidate is developed. This date is very important to identify when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is developed 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 very first step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be filed up until and unless the "priority date" is current. In practice this means that, employment depending on one's country of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more individuals make an application for green cards in an offered category than there are readily available green card visa numbers. The total variety of green cards is more restricted by the reality that, employment with some exceptions, no more than 7 percent of all green cards in a provided preference category can go to individuals born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be filed. The top 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 received the I-140 petition.

Note that the Visa Bulletin includes 2 separate tables with concern cut-off dates. The actual cut-off dates are suggested 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 current based upon 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 releases this information on its website committed to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the exact same time. This is not constantly recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.