With minimal exceptions, all EB-2 and EB-3 green card applications need that the company get a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification process is typically the hardest and most difficult step. Prior to being able to submit the Labor Certification application, the company needs to get a prevailing wage from the Department of Labor and prove that there are no minimally qualified U.S. workers readily available for the positions through the completion of a competitive recruitment procedure.

When it comes to positions which contain teaching duties, the company needs to document that the chosen candidate is the “best qualified” for the position. This process is typically called “Special Handling.”

In both the “standard” and the “unique handling” procedure, the company needs to complete an official recruitment process to document that there are no minimally qualified U.S. or that, when it comes to positions that have a mentor element, that the selected prospect is the very best certified. It prevails that this recruitment process must be finished well after the foreign national employee began their position at the University.

As quickly as the Labor Certification has actually been submitted with the Department of Labor, the “priority date” for the applicant is established. This date is very important to identify when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is needed, the concern date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor job authorizes the Labor Certification, job the Immigrant Petition (Form I-140) can be filed with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the initial step of the green card procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can use for the change of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of requesting the Adjustment of Status, a foreign national may also make an application for 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 means that, depending on one’s country of birth and EB-category, job there might be a backlog. The backlog exists because more individuals apply for green cards in a provided category than there are offered green card visa numbers. The overall number of green cards is further limited by the truth that, with some exceptions, no greater than seven percent of all green cards in a provided choice category can go to people born in a provided country. The stockpile is upgraded monthly by the U.S. Department of State and is released in the Visa Bulletin.

Once somebody’s top priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. 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 got 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 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 top 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 official Visa Bulletin is released. USCIS publishes this information on its site dedicated to the Visa Bulletin.

In some cases, it might be possible to submit the I-140 and I-485 at the same time. This is not always recommended, even if it is possible. If the I-140 is denied, the I-485 will also be denied if filed concurrently.