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 requiring this step, the Labor Certification process is frequently the hardest and most difficult step. Prior to being able to submit the Labor Certification application, the company must obtain a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. employees readily available for employment the positions through the conclusion of a competitive recruitment process.

When it comes to positions that include mentor responsibilities, the company must document that the chosen applicant is the “best qualified” for the position. This process is typically called “Special Handling.”

In both the “standard” and the “special handling” process, the employer needs to finish an official recruitment process to record that there are no minimally qualified U.S. workers available or that, in the case of positions that have a mentor part, that the selected prospect is the very best certified. It prevails that this recruitment process need to be completed well after the foreign national staff member began their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, employment the “concern date” for the applicant is developed. This date is essential to identify when somebody can finish 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 submitted with USCIS. In cases where no Labor Certification is needed (e.g. EB-1), the filing of the I-140 is the first action of the permit procedure.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has been approved by USCIS, the foreign national can request the modification of their non-immigrant status (Form I-485) to that of a legal long-term citizen. Instead of requesting the Adjustment of Status, a foreign nationwide 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 up until and unless the “top priority date” is current. In practice this implies that, depending upon one’s country of birth and employment EB-category, there might be a stockpile. The stockpile exists due to the fact that more people request green cards in a provided classification than there are readily available green card visa numbers. The total number of permits is further limited by the reality that, with some exceptions, no more than 7 percent of all permits in a provided choice category can go to people born in a given nation. The backlog is upgraded each month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone’s priority date date has been reached, as indicated in the Visa Bulletin, the I-485 can be filed. 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 got the I-140 petition.

Note that the Visa Bulletin includes two different tables with concern cut-off dates. The real cut-off dates are 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 existing based upon table B “Dates for Filing of Employment-based Visa Applications.” Note that USCIS will make a decision whether Table B may be utilized a number of days after the main Visa Bulletin is released. USCIS releases this details on its website devoted to the Visa Bulletin.

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