US Visa Approved - Malescu Law

EB3 visa for truck driver approved

Success! We recently had an EB3 visa (green card) approved for truck driver from Brazil. This allows the truck driver to get a US green card and establish permanent residency in the United States for themselves and their immediate family members.

To sponsor a truck driver for an EB3 visa (green card), a US employer must first obtain a PERM Labor Certification from US Department of Labor (DOL) to demonstrate that there are no qualified US workers available for the position. Subsequently, the employer files Form I-140 with USCIS to prove job availability and the ability to pay the offered wage.

This case was approved without a request for further evidence or audit.

In this article, we discuss key takeaways for US trucking companies seeking EB3 visas for truck drivers.

EB3 visa for truck driver

This success story highlights a viable, yet often overlooked route for truck drivers seeking permanent US residency. The key takeaways for US companies (including trucking companies) seeking to obtain an EB3 visa for truck drivers are:

  • No US CDL required. Foreign truck drivers do not need to have a US Commercial Driver’s License (CDL) to initiate the application.
  • Complex and Lengthy Process. Anticipate a lengthy timeline, especially during period od high volume or system updates at DOL. In this case, obtaining a prevailing wage determination took around 6 months, while the PERM labor certification process took 13 months.
  • No Premium Processing at DOL. Expedited processing is unavailable at the Department of Labor.
  • Potential DOL Audit. While uncommon, the possibility of a DOL audit exists, which can significantly delay the PERM process. In this case, DOL approved the PERM labor certification for the truck driver without an audit.
  • Employer Financial Ability: The trucking company must demonstrate to USCIS the financial ability to pay the truck driver the offered wage.
  • USCIS Premium Processing: Once the PERM labor certification is approved, employers can expedite the I-140 immigrant petition process through USCIS’s 15 days premium processing option.

Malescu Law can assist

The EB3 visa is a pathway to US permanent residency for qualified truck drivers. US employers and trucking companies can sponsor truck drivers US green cards through the EB3 visa process.

Let us help you bring truck drivers to the US through the EB-3 visa process for truck drivers.

We serve companies across all 50 states, the District of Columbia and Puerto Rico.

Contact our experienced EB3 visa lawyer to schedule an appointment to learn more about EB3 visa and other US visa options for truck drivers.  

Malescu Law P.A. – Business & Immigration Lawyers

 

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