EB3 visas fall under the umbrella of employment-based green card categories. They cater to professionals, skilled workers, and unskilled workers.
An immigration attorney can assist in gathering and organizing the required documentation. They can also communicate with USCIS on your behalf and keep you updated on the status of your case.
Employers seeking to sponsor foreign workers for the EB-3 professional, skilled or unskilled worker visa category must obtain a labor certification from the Department of Labor and file Form I-140 with USCIS on behalf of the employee. The employer must also be able to demonstrate the continuing ability to pay the offered salary as of the worker’s priority date by providing either an annual report or audited financial statement.
The EB-3 program includes three subcategories, including professionals (those who require at least a bachelor’s degree or the equivalent foreign degree), skilled workers (who must have two years of job training and experience) and unskilled workers (such as caretakers, gardeners, janitors, housekeepers, nannies and horticulturists). The requirements for the third preference employment-based visa are less stringent than those for the first two preferences, but the backlog and wait times can be longer.
Prevailing Wage Determination
In the EB-3 immigration program, a sponsoring company must go through a labor certification process called Prevailing Wage Determination. This step is critical because it determines how much a company can afford to pay its foreign national worker.
The prevailing wage determination is established by the Department of Labor (DOL). It lists the minimum wages that companies in a specific geographic location must pay workers in a particular occupation and job description.
After establishing all of the job details, the business or employer submits an online Prevailing Wage Determination application to DOL via ETA Form 9089. DOL will then advertise the job for a minimum of two months to see whether there are any able and willing US citizens to fill the position. Once the prevailing wage is determined, the sponsoring company must demonstrate that it can pay the determined wage or more.
Once the PERM labor certification is approved, your US employer will file a petition with the Department of Citizenship and Immigration Services (USCIS) on your behalf. This form will include specifications about your work experience, background training, educational attainment, and other qualifications. It will also contain financial information that proves your employer’s ability to pay you in the United States.
This document will cover various areas like the geographical area where your job duties will take place, if it is a full-time position, and primary job requirements such as minimum education required or skills that cannot be obtained on the job. It will also declare that there are no other qualified U.S. workers for this particular job and that you will not harm the employment of any American workers.
The employer-employee relationship is a crucial aspect of every work environment. Having a smooth and healthy employer employee relationship can lead to increased productivity, decreased conflicts and better morale.
According to Black’s Law Dictionary, an employee is anyone engaged in service of another in exchange for wages or salary. An employer is one who has control over the manner and means of an employee’s performance, so long as it falls within the scope of the employment contract.
Foreign unskilled workers who wish to obtain green cards can do so through the EB3 Visa Assistance. To qualify, the employer must complete a labor certification, submit it to USCIS and offer a permanent full-time job. In addition, the employer must prove they couldn’t find a qualified U.S. worker and must hire the foreign worker to fill that position.
EB-3 visas are available for those who wish to bring their spouse and children along to live in the United States as permanent residents. Experienced DC EB-3 visa lawyers can help clients file petitions for these family members as well as navigate the PERM labor certification process.
In order to be eligible for this category, the applicant must meet all of the qualifications. This includes having a baccalaureate degree, relevant work experience, and training that is not merely on-the-job. The worker must also not displace qualified workers in the United States.
After submitting all of the required documents, the beneficiary will have to attend an interview at the US Embassy. During this meeting, the US official will review the application and decide whether to grant the visa.