The EB-3 visa for unskilled worker is a green card that allows US companies to bring employees from abroad on a permanent basis to fill unskilled positions such as truck driver, landscaping laborer, laborer and others.
What is EB3 Visa Unskilled Worker?
EB3 Visa for unskilled worker is a green card category that allows foreign workers to obtain permanent residency and live and work in the United States.
The EB3 Visa for unskilled worker is suitable for workers who fill positions that require less than 2 years of training or experience and for which qualified workers are not available in the United States.
The worker who seeks an EB3 visa for unskilled workers needs to have a US-sponsoring employer who offers her or him a permanent full-time position. The position for unskilled workers must not be of a temporary or seasonal nature. If the position for unskilled worker is temporary or seasonal in nature, then applying for H-2B visa may be appropriate.
The employer must have the financial ability to pay the required wage or salary, undergo the labor certification process and file the immigrant petition on behalf of the worker.
EB3 visas for unskilled worker are limited to 10,000 per year and can be used to fill positions such as landscaper, truck driver, agricultural and construction worker, food service and hospitality staff.
Application process for EB3 Visa for Unskilled Worker
- Employer must obtain a Prevailing Wage Determination (PWD). The sponsoring US employer must file a request for a PWD with the US Department of Labor (DOL). The request must contain specific information about the position, job duties, skills, training and education requirements, and where work will be performed. The DOL sets the required minimum wage based on the job duties, requirements and location. The purpose of the PWD is to prevent employers from underpaying foreign workers to the detriment of US workers.
- Employer must conduct recruitment. For unskilled workers, the sponsoring employer must first conduct recruitment as required by the DOL. That includes advertising for the position in a newspaper of general circulation on two consecutive Sundays, posting the job online with the state workforce agency for at least 30 days, contacting the company’s bargaining representative, if applicable, or posting a job notice at the place of employment.
- Employer must file an application for permanent employment certification. After the recruitment is conducted and a PWD is obtained, the employer must apply for permanent employment certification (PERM) with the DOL. The application contains information about the position, the offered wage, the recruitment and about the worker that is being sponsored.
- Employer must file immigrant petition I-140. If the application for permanent employment certification is approved by the DOL, the employer can then file a form I-140 immigrant petition on behalf of the worker with the US Citizenship & Immigration Services. In addition to information about the position and workers, the I-140 petition must include evidence that the worker meets the requirements for the position, has relevant training or degrees, and that the employer has the financial ability to pay the required wage.
- Worker either applies for immigrant visa in a US consulate or embassy or files for adjustment of status, if in the United States. If the immigrant petition is approved and the visa bulletin shows there are immigrant visas available for the unskilled workers category, the worker can then apply for an immigrant visa at US consulate or embassy on form DS-260.
Workers in the United States, with a valid nonimmigrant status when the petition is approved, can apply for an adjustment of status and get permanent residency (green card) without having to leave the United States. Immediate family members (spouses and children under 21) of EB3 workers whose immigrant petitions are approved are eligible to apply for either an immigrant visa or adjustment of status at the same as the EB3 workers to obtain a green card.
EB3 Visa Unskilled Worker Requirements
- Must be generally eligible for US immigrant visa – that means no bans from entering the US due to visa overstays, no inadmissibility due to criminal activity, health issues or national security concerns.
- Must have a full-time job offer from a sponsoring US employer – the employer must intend to hire the EB3 unskilled worker immediately upon arrival. The job offer must contain the duties, job requirements, offered wage and other job conditions.
- Must meet the job requirements – the EB3 unskilled worker must be able to show that she or he actually meets the requirements listed in the job offer. If the job requires a skill, job experience or a license, the worker must be able to provide proof that she or he possess the particular skill, experience or license.
EB3 Visa Unskilled Worker Requirements – Employers
- Employer must be willing to hire foreign workers permanently full-time.
- Employer must cover most of the costs associated with the EB3 visa, including immigrant petition filling fees, attorney’s fees and expenses associated with the recruitment. The only costs the employer is not required to pay are those associated with the immigrant visa application (DS-260) or the adjustment of status.
- Must obtain a Prevailing Wage Determination and conduct requirement as per DOL requirements.
- Must have the financial ability to pay the required wage. That can be proven by showing audited financial statements, tax returns, bank statements or other financial documents.
EB3 Visa Lawyer for Unskilled Workers
If you are a US employer, seeking a permanent solution to your labor shortages, contact us or book a consultation with our EB3 visa lawyer to start the process of sponsoring EB3 visas for unskilled workers.
Malescu Law P.A. – Business & Immigration Lawyers