With minimal exceptions, all EB-2 and EB-3 permit applications require that the company get a Labor Certification from the U.S. Department of Labor. For petitions needing this step, job the Labor job Certification process is typically the hardest and most tough action. Prior to being able to file the Labor Certification application, the employer should obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers available for the positions through the completion of a competitive recruitment process.

When it comes to positions that consist of mentor duties, the company must record that the picked candidate is the “finest certified” for the position. This process is commonly called “Special Handling.“

In both the “basic” and job the “unique handling” process, the employer should complete a formal recruitment procedure to record that there are no minimally certified U.S. workers offered or that, when it comes to positions that have a teaching part, job that the picked candidate is the best certified. It prevails that this recruitment procedure need to be completed well after the foreign national worker began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “concern date” for the applicant is established. This date is necessary to identify when somebody can finish action # 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 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 action 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 obtain the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of applying for the Adjustment of Status, a foreign nationwide might 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 filed till and job unless the “priority date” is current. In practice this indicates that, depending on one's nation of birth and EB-category, there may be a backlog. The stockpile exists since more people look for permits in an offered category than there are available green card visa numbers. The total variety of green cards is additional limited by the reality that, with some exceptions, no more than 7 percent of all permits in a provided choice classification can go to people born in an offered country. The stockpile is updated monthly 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 top priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor job Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin consists of two separate tables with priority cut-off dates. The 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 top priority date is present 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 a number of days after the main Visa Bulletin is published. USCIS publishes 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 same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if filed simultaneously.