With restricted exceptions, employment all EB-2 and EB-3 permit applications need that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, employment the Labor Certification procedure is frequently the hardest and most strenuous action. Prior to being able to file the Labor Certification application, the employer must obtain a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. employees offered for the positions through the conclusion of a competitive recruitment process.

In the case of positions which contain mentor tasks, the company must record that the chosen applicant is the “best qualified” for the position. This process is frequently called “Special Handling.“

In both the “basic” and the “unique handling” process, the company should complete an official recruitment procedure to record that there are no minimally certified U.S. workers available or that, when it comes to positions that have a teaching component, that the picked prospect is the very best qualified. It prevails that this recruitment procedure need to be finished well after the foreign nationwide worker started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the “concern date” for employment the applicant is established. This date is essential to identify when someone can finish 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 (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), employment the filing of the I-140 is the primary 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, employment the foreign nationwide 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 use for 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 “top priority date” is present. In practice this means that, depending upon one's country of birth and employment EB-category, there might be a backlog. The backlog exists due to the fact that more people make an application for green cards in a provided classification than there are readily available permit visa numbers. The total variety of permits is further restricted by the truth that, employment with some exceptions, no greater than 7 percent of all green cards in a provided preference classification can go to people born in an offered nation. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody's concern date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. 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 2 different tables with top priority 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 circumstances, USCIS might accept the I-485 application if the top priority 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 utilized a number of days after the main Visa Bulletin is released. USCIS releases this information on its website devoted to the Visa Bulletin.

In many cases, it might be possible to submit the I-140 and I-485 at the exact same time. This is not always advised, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if submitted simultaneously.