With limited exceptions, all EB-2 and EB-3 permit applications that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this action, the Labor Certification process is typically the hardest and most arduous action. Prior to being able to submit the Labor Certification application, the company should acquire a fundamental wage from the Department of Labor and prove that there are no minimally certified U.S. employees available for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions that include teaching tasks, the employer needs to record that the chosen candidate is the “finest certified” for the position. This procedure is typically called “Special Handling.“

In both the “fundamental” and the “special handling” process, the employer 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 teaching element, that the picked candidate is the very best qualified. It prevails 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 actually been submitted with the Department of Labor, the “top priority date” for the candidate is developed. This date is essential to figure out when someone can finish step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, employment 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 required (e.g. EB-1), the filing of the I-140 is the initial step of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been authorized by USCIS, the foreign national can look for the modification of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of using for employment the Adjustment of Status, a foreign national may likewise request an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed until and unless the “top priority date” is current. In practice this implies that, employment depending on one’s country of birth and EB-category, there may be a stockpile. The backlog exists because more people apply for permits in a given category than there are offered green card visa numbers. The total variety of permits is more restricted by the reality that, with some exceptions, no greater than seven percent of all permits in a provided choice category can go to individuals born in a given country. The backlog is upgraded every month by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s priority date date has been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was required, USCIS got the I-140 petition.

Note that the Visa Bulletin contains 2 separate 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 instances, USCIS may accept the I-485 application if the concern 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 may be used several days after the main Visa Bulletin is released. USCIS publishes this information on its site committed 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 recommended, even if it is possible. If the I-140 is denied, the I-485 will also be rejected if filed simultaneously.