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With limited exceptions, all EB-2 and EB-3 permit applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor job Certification procedure is typically the hardest and most arduous action. Prior to having the ability to file the Labor Certification application, the employer needs to obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees available for the positions through the completion of a competitive recruitment process.

In the case of positions which contain tasks, the employer needs to document that the selected applicant is the "best qualified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "unique handling" process, job the company should finish an official recruitment process to document 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 selected candidate is the best certified. It prevails that this recruitment process should be finished well after the foreign national employee started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to identify when someone can finish step # 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), job 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 been authorized by USCIS, the foreign national can get the modification of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of requesting the Adjustment of Status, a foreign nationwide might likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until and unless the "priority date" is existing. In practice this suggests that, depending on one's country of birth and EB-category, there may be a stockpile. The backlog exists due to the fact that more people apply for permits in a provided category than there are available green card visa numbers. The total number of green cards is more limited by the fact that, with some exceptions, no greater than 7 percent of all green cards in an offered preference classification can go to individuals born in a given country. The stockpile is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's priority date date has actually 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, or, if no Labor Certification was needed, USCIS got the I-140 petition.

Note that the Visa Bulletin contains two 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, job in some circumstances, USCIS may accept the I-485 application if the priority date is existing 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 a number of days after the official Visa Bulletin is published. USCIS publishes this info on its website devoted to the Visa Bulletin.

In some cases, it might be possible to submit 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 rejected if submitted concurrently.