WHAT IS AN EB-3 IMMIGRANT VISA?
The EB-3 employment based immigrant allows foreign nationals who are skilled workers, professionals or unskilled workers to enter into the U.S. as permanent residents. To qualify under this category:
- The US employer must file a “labor certification” with the department of labor;
- The foreign worker must have the required qualifications set in the labor certification application; and
- The U.S. employer must have the ability to pay the offered wage.
Who qualifies for an EB-3 Immigrant Visa?
Foreign nationals can qualify under any of the three categories under the EB-3 employment based immigrant visa:
- EB-3(A). This category is for ‘professional workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company.
- EB-3(B). This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company.
- EB-3(C). This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company.
What are the benefits of applying under the EB-3 visa category?
- Live permanently in the U.S.
- Work in the U.S.
- Travel freely in and out of the U.S.
- Apply for dependent visas for your spouse and unmarried children under 21 years.
What is a labor certification?
A “labor certification” is a document issued by U.S. Department of Labor, certifying that the employer has failed to find qualified US workers for the job opening after testing the U.S. job market. An employer has to follow very specific recruitment steps before it can file a labor certification application. The application is filed under the online Program Electronic Review Management system (PERM).
The standards used in making labor certification determinations are based on:
- Whether there are sufficient U.S. workers who are able, willing, qualified and available to fill the position opening;
- Whether the employment of the alien will have an adverse effect on the wages and working conditions of U.S. workers similarly employed; and
- Whether the employer has met the procedural requirements of the regulations.
How can an attorney help in this process?
As EB-2, EB-3 category is also a highly complex, multi-phase process. In the recruitment and labor certification phase, the rules relating to setting job requirements, advertising specifications, and application completion are voluminous and very exacting. The DOL is unforgiving of mistakes. Employers are very restricted in what they can require of potential applicants. An immigration attorney with substantial experience in PERM and I-140 petitions can help avoid the many costly pitfalls and help you sail through the EB-3 process.
To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact us by email or call us at (480) 467-3188.