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With restricted exceptions, all EB-2 and EB-3 permit applications need that the company get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is frequently the hardest and most strenuous step. Prior to having the ability to file the Labor Certification application, the employer needs to obtain a fundamental wage from the Department of Labor and job prove that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that include mentor responsibilities, the company needs to record that the picked candidate is the "best certified" for the position. This process is commonly called "Special Handling."

In both the "standard" and the "special handling" process, the company must finish an official recruitment process to record that there are no minimally certified U.S. employees available or that, when it comes to positions that have a teaching part, that the picked candidate is the best qualified. It prevails that this recruitment procedure need to 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 "priority date" for the candidate is developed. This date is necessary to identify when someone can finish action # 3, i.e. the 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 authorizes 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 initial step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can make an application for the change of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of requesting the Adjustment of Status, a foreign national may also make an application 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 "concern date" is present. In practice this means that, depending on one's nation of birth and EB-category, there may be a backlog. The backlog exists since more individuals request permits in an offered category than there are offered green card visa numbers. The overall variety of permits is additional limited by the fact that, with some exceptions, no more than seven percent of all permits in a given preference classification can go to people born in a provided nation. The backlog is updated every month 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 concern date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was required, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 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 present 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 a number of days after the main Visa Bulletin is published. USCIS releases this info on its website devoted to the Visa Bulletin.

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