With restricted exceptions, 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 needing this step, employment the Labor Certification procedure is typically the hardest and most tough step. Prior to being able to submit the Labor Certification application, the company needs to acquire a fundamental wage from the Department of Labor employment and prove that there are no minimally certified U.S. workers readily available for employment the positions through the completion of a competitive recruitment procedure.

In the case of positions which contain mentor duties, the employer should record that the picked applicant is the "best qualified" for the position. This process is commonly called "Special Handling."

In both the "fundamental" and the "special handling" procedure, the employer must complete a formal recruitment process to document that there are no minimally qualified U.S. employees available or that, in the case of positions that have a mentor component, that the selected prospect is the very best qualified. It prevails that this recruitment process must be finished well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, employment the "priority date" for the candidate is developed. This date is very important to determine when someone can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern 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 Certification is required (e.g. EB-1), the filing of the I-140 is the very first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been authorized by USCIS, the foreign nationwide can look for employment the modification of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of looking for the Adjustment of Status, a foreign national might also get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be filed till and unless the "priority date" is present. In practice this suggests that, depending on one's country of birth and EB-category, there may be a stockpile. The stockpile exists since more individuals get permits in a provided category than there are readily available permit visa numbers. The total number of permits is additional limited by the truth that, with some exceptions, no more than seven percent of all green cards in a provided preference category can go to people born in an offered country. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's top priority date date has actually been reached, employment as indicated 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 includes 2 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 might accept the I-485 application if the concern date is existing based on table B "Dates for Filing of Employment-based Visa Applications." Note that USCIS will make a determination whether Table B might be used several days after the main Visa Bulletin is published. USCIS publishes this information on its website devoted to the Visa Bulletin.

In many cases, it may be possible to file the I-140 and I-485 at the exact same time. This is not constantly advised, even if it is possible. If the I-140 is denied, the I-485 will also be denied if submitted concurrently.