With limited exceptions, all EB-2 and EB-3 permit applications require that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is often the hardest and most tough step. Prior to having the ability to file the Labor Certification application, the employer needs to acquire a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the completion of a competitive recruitment process.

In the case of positions that contain mentor responsibilities, the company needs to record that the selected applicant is the "finest certified" for the position. This process is frequently called "Special Handling."

In both the "standard" and the "special handling" procedure, the company must complete a formal recruitment process to record that there are no minimally certified U.S. employees 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 should be finished well after the foreign national worker began their position at the University.

As quickly as the Labor employment Certification has actually been submitted with the Department of Labor, the "top priority date" for the applicant is established. This date is very important to determine when someone can finish action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is developed 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 filed with USCIS. In cases where no Labor employment 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 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 irreversible resident. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise obtain 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 implies that, depending on one's country of birth and EB-category, there might be a backlog. The backlog exists because more individuals obtain permits in a provided category than there are available permit visa numbers. The overall variety of green cards is further restricted by the fact that, with some exceptions, no greater than 7 percent of all permits in a provided can go to individuals born in a given country. The backlog is updated 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 consists of two separate tables with top priority cut-off dates. The actual cut-off dates are shown in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some circumstances, USCIS may accept the I-485 application if the priority date is current 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 a number of days after the main Visa Bulletin is published. USCIS publishes this info on its site committed 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 constantly recommended, even if it is possible. If the I-140 is rejected, the I-485 will likewise be denied if submitted concurrently.