With limited exceptions, all EB-2 and EB-3 green card applications need that the company acquire a Labor Certification from the U.S. Department of Labor. For petitions requiring this action, the Labor Certification procedure is typically the hardest and most difficult step. Prior to being able to file the Labor Certification application, the employer should get a fundamental wage from the Department of Labor and prove that there are no minimally qualified U.S. workers offered for the positions through the conclusion of a competitive recruitment procedure.

When it comes to positions which contain mentor tasks, the employer needs to document that the chosen candidate is the "finest qualified" for the position. This procedure is commonly called "Special Handling."

In both the "fundamental" and the "unique handling" procedure, the employer needs to finish an official recruitment procedure to document that there are no minimally qualified U.S. employees readily available or that, in the case of positions that have a mentor component, that the chosen prospect is the very best certified. It prevails that this recruitment procedure need to be finished well after the foreign national employee began their position at the University.

As soon as the Labor Certification has actually been filed with the Department of Labor, the "concern date" for the candidate is established. This date is necessary to determine when someone can complete step # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the priority 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 required (e.g. EB-1), the filing of the I-140 is the primary step of the permit process.

3. Adjustment of Status or Obtaining an Immigrant Visa

Once the I-140 application has actually been approved by USCIS, the foreign national can make an application for the modification of their non-immigrant status (Form I-485) to that of a legal permanent resident. Instead of obtaining the Adjustment of Status, a foreign nationwide might also get an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted till and unless the "concern date" is present. In practice this indicates that, depending upon one's country of birth and EB-category, there might be a backlog. The stockpile exists since more people obtain permits in an offered classification than there are offered green card visa numbers. The total variety of permits is more limited by the reality that, with some exceptions, no more than 7 percent of all green cards in a given preference category can go to people born in a given country. The stockpile is updated every month by the U.S. Department of State and is released in the Visa Bulletin.

Once someone's priority date date has actually been reached, as indicated in the Visa Bulletin, [employment](https://forum.batman.gainedge.org/index.php?action=profile