With minimal exceptions, all EB-2 and EB-3 permit applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For employment petitions needing this step, the Labor Certification procedure is often the hardest and most tough step. Prior to having the ability to file the Labor Certification application, the employer needs to acquire a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

When it comes to positions that consist of mentor responsibilities, the employer should document that the selected candidate is the "finest qualified" for the position. This process is commonly called "Special Handling."

In both the "fundamental" and the "special handling" process, the employer must finish a formal recruitment procedure to document that there are no minimally qualified U.S. employees readily available or that, in the case of positions that have a mentor employment part, that the chosen candidate is the very best certified. It prevails that this recruitment procedure need to be completed well after the foreign national worker started their position at the University.

As quickly 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 identify when somebody can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, employment the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (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 actually been approved by USCIS, the foreign national can request the modification of their non-immigrant status (Form I-485) to that of a resident. Instead of applying for the Adjustment of Status, a foreign nationwide may likewise 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 until and unless the "top priority date" is existing. In practice this means that, depending upon one's country of birth and EB-category, there may be a stockpile. The backlog exists because more people use for green cards in a provided classification than there are readily available green card visa numbers. The total number of permits is more restricted by the fact that, with some exceptions, no more than seven percent of all permits in an offered preference category can go to people born in an offered country. The backlog is updated each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's concern date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be filed. The 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 received the I-140 petition.

Note that the Visa Bulletin contains two 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, 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 determination whether Table B might be used several days after the official Visa Bulletin is published. USCIS publishes this info on its website devoted to the Visa Bulletin.

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