EMPLOYMENT – BASED (EB-3)

EMPLOYMENT – BASED (EB-3) 2021-05-13T09:07:04+00:00

Eligibility Criteria Categories

Three types of Employment Based (EB-3) immigrant visa. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

 

Manual Workers (Other Workers)

  1. You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
  2. A labor certification and a permanent, full-time job offer are required.

 

Skilled Workers

  1. You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
  2. You must be performing work for which qualified workers are not available in the United States; and
  3. A labor certification and a permanent, full-time job offer are required.

Professionals

  1. You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
  2. You must be performing work for which qualified workers are not available in the United States; and
  3. A labor certification and a permanent, full-time job offer are required.

Step by step procedures 

  1. Issues the Job offer by American employers for job market.
  2. Obtain an approved Application for Permanent Labor Certification (9089) PERM from the U.S. Department of Labor (DOL), if required for the specific visa category;
  3. Complete and sign Form I-140.
  4. Pay the filing fee form I-485 or DS-260 if applicable & Provide all required evidence and supporting documentation.

As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.

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