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With limited 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 petitions requiring this step, the Labor Certification procedure is frequently the hardest and most tough step. Prior to having the ability to file the Labor Certification application, the company needs to acquire 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.

When it comes to positions which contain teaching tasks, the company should record that the picked applicant is the "finest qualified" for the position. This procedure is frequently called "Special Handling."

In both the "standard" and the "unique handling" procedure, the company should complete a formal recruitment process to document that there are no minimally certified U.S. workers offered or that, when it comes to positions that have a mentor component, that the chosen prospect is the very best qualified. It is common that this recruitment process must be completed well after the foreign nationwide employee began their position at the University.

As soon 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 figure out when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top priority 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 submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the first step of the green card process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign national can request the change 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 get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed until and unless the "concern date" is current. In practice this suggests that, depending on one's nation of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals obtain permits in an offered classification than there are readily available permit visa numbers. The total variety of green cards is further restricted by the fact that, with some exceptions, no greater than 7 percent of all green cards in an offered preference category can go to individuals born in a provided nation. The backlog is updated each month by the U.S. Department of State and is published in the .

Once somebody's concern date date has been reached, as suggested 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 employment Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with concern cut-off dates. The real cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS may accept the I-485 application if the concern date is existing based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B may be used several days after the main Visa Bulletin is published. USCIS releases this info on its website dedicated to the Visa Bulletin.

Sometimes, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly recommended, employment even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted simultaneously.