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With limited exceptions, all EB-2 and EB-3 permit applications require that the employer acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this step, the Labor Certification process is typically the hardest and most arduous action. Prior to being able to submit the Labor Certification application, the company should obtain a fundamental 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.

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

In both the "standard" and the "special handling" process, the company needs to complete a formal recruitment procedure to record that there are no minimally qualified U.S. workers readily available or that, when it comes to positions that have a mentor element, that the chosen candidate is the very best qualified. It prevails that this recruitment process need to be finished well after the foreign nationwide staff member started their position at the University.

As quickly as the Labor Certification has actually been filed with the Department of Labor, the "top priority date" for employment the applicant is developed. This date is essential to figure out when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority date is established 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 needed (e.g. EB-1), the filing of the I-140 is the first step 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 nationwide can get the change of their non-immigrant status (Form I-485) to that of a legal long-term homeowner. Instead of looking for the Adjustment of Status, a foreign national may also look for 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 "concern date" is present. In practice this indicates that, depending on one's country of birth and EB-category, there might be a stockpile. The stockpile exists due to the fact that more individuals use for permits in a provided classification than there are available permit visa numbers. The overall variety of green cards is further limited by the reality that, with some exceptions, no more than seven percent of all green cards in an offered choice classification can go to people born in a provided nation. The backlog is updated monthly by the U.S. Department of State and is published in the Visa Bulletin.

Once somebody's concern date date has actually been reached, as shown in the Visa Bulletin, the I-485 can be submitted. The concern date is the date on which the Labor Certification was filed with the Department of Labor, or, if no Labor Certification was required, 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 suggested in table A "Application Final Action Dates for Employment-based Preference Cases." However, in some instances, USCIS may 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 whether Table B may be used several days after the main Visa Bulletin is released. USCIS publishes this info on its website committed 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 rejected, the I-485 will also be rejected if submitted concurrently.

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