With limited exceptions, all EB-2 and EB-3 green card applications require that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is often the hardest and most tough action. Prior to having the ability to file the Labor Certification application, the company should obtain a fundamental wage from the Department of Labor and show that there are no minimally certified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

In the case of positions that contain mentor responsibilities, the employer must document that the selected applicant is the "best qualified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "special handling" process, the employer should complete a formal recruitment procedure to document that there are no minimally qualified U.S. employees offered or that, when it comes to positions that have a teaching part, that the chosen candidate is the best qualified. It prevails that this recruitment process should be completed well after the foreign nationwide staff member 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 developed. This date is necessary to figure out when somebody can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the concern date is established 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 with USCIS. In cases where no Labor elearnportal.science Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the permit 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 adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of making an application for the Adjustment of Status, a foreign national might likewise 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 current. In practice this indicates that, depending upon one's country of birth and EB-category, there might be a backlog. The stockpile exists due to the fact that more people request green cards in an offered category than there are offered green card visa numbers. The overall variety of green cards is more restricted by the reality that, with some exceptions, no more than 7 percent of all green cards in a given choice classification can go to individuals born in an offered nation. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's concern date date has actually been reached, as shown 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 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 instances, USCIS might accept the I-485 application if the priority date is existing based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a decision whether Table B may be used several days after the official Visa Bulletin is published. USCIS publishes this info on its website dedicated to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the very same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will likewise be rejected if filed concurrently.