With restricted exceptions, all EB-2 and EB-3 permit applications require that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is frequently the hardest and most difficult step. Prior to having the ability to submit the Labor Certification application, the company should obtain a prevailing wage from the Department of Labor and show that there are no minimally qualified U.S. workers offered for dokuwiki.stream the positions through the conclusion of a competitive recruitment procedure.

In the case of positions that consist of mentor responsibilities, the employer needs to record that the chosen applicant is the "finest certified" for the position. This procedure is frequently called "Special Handling."

In both the "basic" and the "special handling" process, the employer needs to finish an official recruitment process to document that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a teaching component, that the picked prospect is the finest qualified. It prevails that this recruitment process must be completed well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the "top priority date" for the applicant is established. This date is essential to figure out when somebody can complete action # 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 approves the Labor Certification, 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 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 request the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term resident. Instead of obtaining the Adjustment of Status, a foreign national may likewise look for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the "concern date" is present. In practice this suggests that, depending upon one's nation of birth and EB-category, there might be a stockpile. The stockpile exists since more people use for green cards in an offered category than there are offered green card visa numbers. The total number of permits is additional limited by the truth that, with some exceptions, no greater than 7 percent of all permits in a given choice classification can go to individuals born in a given nation. The backlog is updated each month by the U.S. Department of State and is published in the .

Once someone's concern date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was filed 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 two different tables with top priority cut-off dates. The real cut-off dates are suggested 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 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 might be used numerous days after the main Visa Bulletin is published. USCIS publishes this info on its site committed to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the same time. This is not constantly suggested, even if it is possible. If the I-140 is rejected, the I-485 will also be denied if filed concurrently.