With limited exceptions, all EB-2 and EB-3 green card applications need that the company obtain a Labor Certification from the U.S. Department of Labor. For petitions needing this step, the Labor Certification procedure is frequently the hardest and most tough step. Prior to having the ability to submit the Labor Certification application, the company should get a prevailing wage from the Department of Labor and show that there are no minimally certified U.S. workers offered for the positions through the completion of a procedure.

When it comes to positions that contain teaching tasks, the company needs to record that the chosen applicant is the "best qualified" for the position. This procedure is typically called "Special Handling."

In both the "fundamental" and the "special handling" procedure, the company should finish a formal recruitment process to document that there are no minimally certified U.S. workers readily available or that, in the case of positions that have a teaching element, that the selected prospect is the best certified. It is common that this recruitment procedure should be finished well after the foreign nationwide employee started their position at the University.

As quickly as the Labor Certification has been submitted with the Department of Labor, the "priority date" for the applicant is developed. This date is essential to determine when somebody can complete action # 3, i.e. the Adjustment of Status. (If no Labor Certification is required, the top priority date is established with the filing of the Immigrant Petition/ Form I-140.

2. Immigrant Petition

Once the Department of Labor approves 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 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 request the adjustment of their non-immigrant status (Form I-485) to that of a legal irreversible resident. Instead of looking for the Adjustment of Status, a foreign nationwide might likewise apply for an immigrant visa at a U.S. consulate or embassy abroad.

The I-485 Adjustment of Status application can not be submitted up until and unless the "priority date" is present. In practice this suggests that, depending upon one's country of birth and EB-category, there may be a stockpile. The backlog exists since more people look for permits in a provided category than there are readily available green card visa numbers. The overall variety of green cards is more limited by the truth that, with some exceptions, no greater than 7 percent of all green cards in a provided preference category can go to people born in an offered nation. The stockpile is upgraded every month by the U.S. Department of State and is published in the Visa Bulletin.

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