With restricted 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 needing this step, the Labor Certification procedure is often the hardest and most arduous action. Prior to being able to file the Labor Certification application, the employer needs to obtain a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. employees readily available for the positions through the completion of a competitive recruitment process.

In the case of positions that consist of teaching responsibilities, the company must record that the picked candidate is the “finest qualified” for the position. This is frequently called “Special Handling.“

In both the “basic” and the “special handling” procedure, the company should finish an official recruitment process to document that there are no minimally qualified U.S. employees available or that, in the case of positions that have a teaching component, that the selected candidate is the best qualified. It is typical that this recruitment procedure need to be finished well after the foreign national employee started their position at the University.

As quickly as the Labor employment Certification has been filed with the Department of Labor, the “priority date” for the applicant is developed. This date is very important to identify when somebody 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 submitted with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), 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, the foreign nationwide can make an application for the change of their non-immigrant status (Form I-485) to that of a legal irreversible local. Instead of looking for the Adjustment of Status, a foreign nationwide may likewise get 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 “priority date” is present. In practice this indicates that, depending on one’s country of birth and EB-category, there may be a stockpile. The backlog exists since more individuals apply for green cards in a given classification than there are offered permit visa numbers. The overall variety of permits is further restricted by the fact that, with some exceptions, no more than 7 percent of all green cards in a provided preference classification can go to individuals born in an offered nation. The stockpile is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s concern date date has actually been reached, as suggested in the Visa Bulletin, the I-485 can be submitted. The concern 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 2 different tables with concern 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 may accept the I-485 application if the concern date is present based on 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 official Visa Bulletin is published. USCIS releases this info on its site devoted to the Visa Bulletin.

In many cases, it might be possible to file the I-140 and I-485 at the very same time. This is not constantly suggested, even if it is possible. If the I-140 is denied, the I-485 will likewise be denied if filed concurrently.