With minimal exceptions, all EB-2 and EB-3 green card applications need that the employer get a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification procedure is often the hardest and most difficult step. Prior to being able to submit the Labor employment Certification application, the employer must get a fundamental wage from the Department of Labor and show that there are no minimally qualified U.S. employees available for the positions through the completion of a competitive recruitment process.
In the case of positions which contain teaching tasks, the company needs to record that the selected applicant is the "finest certified" for the position. This process is frequently called "Special Handling."
In both the "basic" and employment the "unique handling" procedure, the company should finish an official recruitment procedure to document that there are no minimally qualified U.S. workers offered or that, employment in the case of positions that have a mentor component, that the picked candidate is the best qualified. It is common that this recruitment procedure must be completed well after the foreign national staff member began their position at the University.
As quickly as the Labor Certification has been filed with the Department of Labor, the "priority date" for the candidate is developed. This date is essential to identify when somebody 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 employment authorizes the Labor Certification, employment 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 process.
3. Adjustment of Status or Obtaining an Immigrant Visa
Once the I-140 application has actually been authorized by USCIS, employment the foreign national can look for the adjustment of their non-immigrant status (Form I-485) to that of a legal long-term local. Instead of obtaining the Adjustment of Status, a foreign nationwide might also apply for an immigrant visa at a U.S. consulate or embassy abroad.
The I-485 Adjustment of Status application can not be submitted until and unless the "top priority date" is current. In practice this suggests that, depending on one's country of birth and EB-category, there may be a stockpile. The stockpile exists because more individuals obtain green cards in a provided category than there are available permit visa numbers. The total variety of permits is additional limited by the truth that, with some exceptions, no greater than 7 percent of all green cards in an offered preference category can go to individuals born in a provided nation. The stockpile is upgraded every month 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 indicated in the Visa Bulletin, the I-485 can be filed. The priority date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was needed, USCIS got the I-140 petition.
Note that the Visa Bulletin contains 2 different tables with top priority cut-off dates. The real cut-off dates are shown 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 current 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 official Visa Bulletin is released. USCIS releases this info 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 rejected, the I-485 will also be denied if submitted simultaneously.
