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With minimal exceptions, job all EB-2 and EB-3 green card applications need that the company get a Labor job Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is often the hardest and most difficult step. Prior to being able to file the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor job and prove that there are no minimally certified U.S. workers readily available for the positions through the completion of a competitive recruitment process.

When it comes to positions which contain mentor tasks, the company needs to document that the chosen candidate is the "best qualified" for the position. This process is frequently called "Special Handling."

In both the "fundamental" and the "unique handling" process, the employer must finish a formal recruitment procedure to document that there are no minimally qualified U.S. workers available or that, when it comes to positions that have a teaching component, that the selected prospect is the finest certified. It is typical that this recruitment process must be completed well after the foreign nationwide staff member 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 essential to determine when somebody can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the 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, job 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 very first step of the process.

3. Adjustment of Status or Obtaining an Immigrant Visa

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

The I-485 Adjustment of Status application can not be submitted until and unless the "priority date" is existing. In practice this implies that, depending on one's nation of birth and EB-category, there may be a stockpile. The stockpile exists due to the fact that more individuals apply for permits in a given classification than there are available green card visa numbers. The total number of green cards is further restricted by the reality that, with some exceptions, no greater than 7 percent of all permits in a given preference category can go to individuals born in an offered nation. The backlog is upgraded monthly by the U.S. Department of State and is published 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 filed with the Department of Labor, or, if no Labor Certification was required, job USCIS received the I-140 petition.

Note that the Visa Bulletin consists of 2 different tables with concern 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 instances, USCIS may accept the I-485 application if the concern date is present based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B might be used several days after the official Visa Bulletin is released. USCIS releases this info on its website dedicated to the Visa Bulletin.

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