EMPLOYMENT – BASED (EB)

EMPLOYMENT – BASED (EB) 2020-12-18T08:52:38+00:00

Employment -Based Immigrant Process are Several types of programs. Skilled, Professional & Unskilled Foreigners  Workers Immigrant  140 thousand in the United State of America in a Years. (EB-1, EB-2, EB-3, EB -4  and EB-5)

For Example,

EB-3

The EB – 3 sets a lower standard than other Green Cards, such as the EB -2, and so is less scrutinized less closely. However there is often a waiting list for approval.

Most EB3 applications cannot be adjusted from temporary (non-immigrant) visas until the petitioner’s priority date becomes current. This date is set when the Labor Certification Process is started (see below).

The employer must:

  • Hiring  legal Immigration attorney.
  • Search employers from USA.
  • file form I9089 with USCIS.
  • file form I-140 with USCIS.
  • establish that they can afford the offered position upon granting of the Green Card.
  • prove that the beneficiary meets the necessary requirements.

The three routes to qualification are…

1. Unskilled / “Other” Workers: The third option covers jobs that can be performed with less than two years’ training. (However, temporary or seasonal jobs are excluded.)

2. Skilled Worker: The position demands at least 2 years’ relevant employment experience or training. In addition, a Labor Certification Process is required to demonstrate that no qualified workers are already available in the U.S. to fill the position.

3. Professionals: The professional position in question requires a baccalaureate degree (or foreign equivalent).

Labor Certification Process

Each EB3 petition requires that the PERM Labor Certification process be followed.

PERM is where the U.S. Department of Labor (DOL) requires that the prospective employer test the market to establish that there are no willing or qualified workers already legally in the United States who can fill the position.

This process also requires a Prevailing Wage Determination which typically involves…

  • Posting with the relevant State Workforce Agency;
  • Posting an advertisement in a major newspaper on consecutive Sundays;
  • Posting the job ad in a conspicuous place at the worksite and on the company’s intranet/web site;
  • Plus three other recruitment processes as set out in the regulations.

It is vital that the employer conduct and record all actions carried out during this process. The employer is strongly advised to work with the advice and guidance of an experienced immigration attorney.

In certain exceptional cases (Schedule A, Group I) a petition may be submitted directly to USCIS without a labor certification. We can advise on this.

EB-3 Green Card-Skilled Workers:

If the job is long-term (not seasonal or temporary), the position must require:

  • At least two years of Work Experience
  • An Undergraduate Degree
  • Evidence of Vocational Training