With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor employment Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is often the hardest and most strenuous action. Prior to having the ability to file the Labor Certification application, the company must get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions that consist of teaching tasks, the employer should document that the chosen candidate is the "best certified" for the position. This procedure is commonly called "Special Handling."

In both the "standard" and the "unique handling" procedure, the company needs to finish an official recruitment procedure to document that there are no minimally certified U.S. employees readily available or that, when it comes to positions that have a teaching element, that the chosen prospect is the finest qualified. It is common that this recruitment process must be finished well after the foreign nationwide worker began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "concern date" for the candidate is established. This date is essential to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, 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 submitted with USCIS. In cases where no Labor Certification is required (e.g. EB-1), the filing of the I-140 is the very first action 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 nationwide can use for the adjustment of their non-immigrant status (Form I-485) to that of a legal permanent homeowner. Instead of obtaining the Adjustment of Status, a foreign national may also apply 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 "concern date" is existing. In practice this implies that, depending upon one's country of birth and EB-category, there may be a stockpile. The backlog exists since more individuals get green cards in an offered classification than there are available permit visa numbers. The total variety of permits is further limited by the fact that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to individuals born in a provided nation. The backlog is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's top priority date date has actually been reached, as indicated in the Visa Bulletin, the I-485 can be submitted. The priority date is the date on which the Labor Certification was submitted with the Department of Labor, or, if no Labor Certification was required, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of 2 separate tables with top priority cut-off dates. The actual 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 top priority date is present based upon table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be used numerous days after the main Visa Bulletin is released. USCIS publishes this information on its site committed to the Visa Bulletin.

Sometimes, it might be possible to submit the I-140 and I-485 at the same time. This is not always suggested, even if it is possible. If the I-140 is rejected, the I-485 will likewise be rejected if filed simultaneously.