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With limited 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 process is frequently the hardest and most arduous step. Prior to being able to file the Labor Certification application, the company should get a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that include teaching responsibilities, the company needs to record that the picked candidate is the "finest certified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "special handling" procedure, the company should finish a formal recruitment process to record that there are no minimally qualified U.S. employees readily available or that, when it comes to positions that have a mentor part, that the picked candidate is the finest certified. It is typical that this recruitment process need to be finished well after the foreign nationwide employee started their position at the University.

As soon as the Labor Certification has been filed with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to figure out when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is developed 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 submitted with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can obtain the change of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of applying for the Adjustment of Status, a foreign national may likewise use for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the "top priority date" is current. In practice this suggests that, depending on one's nation of birth and EB-category, there may be a stockpile. The backlog exists because more individuals look for employment permits in a given classification than there are offered green card visa numbers. The total number of green cards is additional limited by the truth that, with some exceptions, no greater than 7 percent of all permits in a given choice category can go to people born in a provided country. The backlog is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody's top priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin contains 2 separate tables with top priority cut-off dates. The real cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, employment USCIS might accept the I-485 application if the top priority date is present based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B may be used days after the main Visa Bulletin is released. USCIS publishes this details on its site committed to the Visa Bulletin.

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