The EB-3 is a third preference employment based visa that allows a citizen of a foreign country together with their spouses and children to permanently live and work in the United States. The applicant for an EB-3 visa can apply for permanent residence in the United States commonly known as green card.
A foreign national can apply for an EB-3 Visa if he or she falls under one of the following occupational category: (1) skilled worker with at least 2 years of job experience or training for positions for which qualified workers are not available in the United States, (2) professionals who possess a U.S. baccalaureate degree or foreign degree equivalent training and are a member of the professions for which qualified workers are not available in the United States, or (3) unskilled workers and other workers performing unskilled labor requiring less than 2 years training or experience and the work is not of a temporary or seasonal nature.
The EB-3 visa sets a lower standard than other employment based green cards such as the EB-1 or EB-2 visas and as a result they are less scrutinized. However, the EB-3 visa application process is complex and requires an approved individual labor certification from the United States Department of Labor (DOL) and a permanent full-time job offer from an employer in the United States.
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In order to successfully receive the EB-3 green card, the foreign national and the sponsoring employer must first file the Permanent Labor Certification application with the DOL. The Permanent Labor Certification is an extensive procedure that requires for the sponsoring employer to certify that a job opening is available in a specified professional field and the job is available to U.S. workers, determine the prevailing wage at industry rate for the sponsored position in the geographical area where the job is available and go through an extensive recruitment process for the sponsored job to ensure that no qualified American workers are available to take the position. The recruitment process is essential for the approval of the PERM Labor Certification and going through it the right way is key because any suspicion can trigger an audit from the DOL which can delay the processing time. Even more, there are situations where the PERM Labor Certification is not approved or denied and the DOL sends out a Request for Evidence. Second, after the PERM Labor Certification is approved, the sponsoring employer must file the I-140 petition with the United States Citizenship and Immigration Services (USCIS). As part of the application process, the sponsoring employer must show that it has the ability to pay the offered wage as of the date the EB-3 visa become current. To show the ability to pay, the sponsoring employer can use an annual report or federal income tax return, or audited financial statements. Finally, as soon as the EB-3 visa date becomes current, the foreign national can file the petition for adjustment of status or use consular processing.
The EB-3 process is not simple or easy and requires substantial documentation. Contact us, your experienced business immigration lawyers in Miami, Florida, to schedule an appointment for your immigration case and find out more about the EB-3 visa program and other visa options available to you.
Malescu Law P.A. – Business & Immigration Lawyers
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