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With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is typically the hardest and most difficult action. Prior to having the ability to submit the Labor Certification application, the employer must acquire a fundamental 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 procedure.

When it comes to positions which contain mentor duties, the company must record that the picked applicant is the "finest qualified" for the position. This procedure is typically called "Special Handling."

In both the "basic" and the "unique handling" process, the employer should complete an official recruitment procedure to record that there are no minimally qualified U.S. workers available or that, in the case of positions that have a mentor component, that the chosen candidate is the best certified. It prevails that this recruitment procedure should be completed well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has been filed with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the priority date is developed with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves the Labor Certification, the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no is needed (e.g. EB-1), the filing of the I-140 is the very 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 use for the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of getting the Adjustment of Status, a foreign national may likewise look for 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 "concern date" is present. In practice this means that, depending on one's nation of birth and EB-category, there might be a backlog. The backlog exists due to the fact that more individuals get permits in a given classification than there are available permit visa numbers. The overall number of green cards is additional restricted by the fact that, with some exceptions, no greater than seven percent of all permits in an offered choice category can go to people born in a given country. The stockpile is updated monthly 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 filed. The concern date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, USCIS received the I-140 petition.

Note that the Visa Bulletin includes two different tables with top priority cut-off dates. The actual cut-off dates are indicated in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS might accept the I-485 application if the priority 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 numerous days after the main Visa Bulletin is published. USCIS releases this information on its site dedicated to the Visa Bulletin.

Sometimes, it might be possible to file the I-140 and I-485 at the very same time. This is not constantly advised, akropolistravel.com even if it is possible. If the I-140 is rejected, the I-485 will also be denied if submitted concurrently.