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With limited exceptions, all EB-2 and EB-3 green card applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is frequently the hardest and most difficult action. Prior to having the ability to submit the Labor employment Certification application, the employer must obtain a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. workers available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions that consist of teaching responsibilities, the employer must document that the picked candidate is the "finest certified" for the position. This process is commonly called "Special Handling."

In both the "fundamental" and the "special handling" process, the company must finish an official recruitment process to document that there are no minimally qualified U.S. employees offered or that, employment when it comes to positions that have a mentor element, that the picked candidate is the very best qualified. It prevails that this recruitment process must be completed well after the foreign nationwide employee began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, employment the "top priority date" for the candidate is established. This date is crucial to identify when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, 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 filed with USCIS. In cases where no is required (e.g. EB-1), the filing of the I-140 is the initial 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 make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of making an application for the Adjustment of Status, a foreign national might also get 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 indicates that, depending on one's country of birth and employment EB-category, there may be a stockpile. The backlog exists because more individuals use for permits in an offered category than there are offered permit visa numbers. The overall number of green cards is additional limited by the fact that, with some exceptions, no greater than seven percent of all permits in an offered preference category can go to individuals born in a provided country. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's top priority date date has 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 needed, USCIS got the I-140 petition.

Note that the Visa Bulletin consists of 2 separate tables with concern cut-off dates. The real cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, employment in some circumstances, USCIS might accept the I-485 application if the priority date is current 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 official Visa Bulletin is released. USCIS releases this details on its site devoted to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the very same time. This is not always advised, employment even if it is possible. If the I-140 is rejected, the I-485 will also be rejected if submitted simultaneously.