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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 submit the Labor Certification application, the company 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.

When it comes to positions that contain mentor tasks, the company must document that the picked candidate is the "best qualified" for the position. This process is commonly called "Special Handling."

In both the "fundamental" and the "unique handling" process, the employer should finish a formal recruitment procedure to record that there are no minimally certified U.S. workers available or that, when it comes to positions that have a teaching element, that the picked prospect is the best certified. It prevails that this should be completed 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 candidate is established. This date is very important to figure out when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the top priority 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 required (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 actually been authorized by USCIS, the foreign national can look for the change of their non-immigrant status (Form I-485) to that of a legal permanent local. Instead of getting the Adjustment of Status, a foreign nationwide may also obtain 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 "top priority date" is existing. In practice this suggests that, depending on one's country of birth and EB-category, there might be a stockpile. The stockpile exists due to the fact that more individuals get green cards in an offered classification than there are available green card visa numbers. The overall number of permits is further limited by the truth that, with some exceptions, no greater than seven percent of all green cards in an offered choice classification can go to people born in a provided country. The stockpile is updated every month by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody's concern date date has actually been reached, as suggested 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 required, USCIS received the I-140 petition.

Note that the Visa Bulletin contains 2 separate tables with priority cut-off dates. The actual cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS might accept the I-485 application if the concern date is existing based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be utilized several days after the main Visa Bulletin is published. USCIS publishes this information on its website committed to the Visa Bulletin.

In some cases, it may be possible to file the I-140 and I-485 at the same time. This is not constantly suggested, employment even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.