This article, provides essential information about the EB-3 visa, specifically for unskilled worker. Learn how US employers can sponsor foreign nationals for permanent positions in fields such as trucking, landscaping, and general labor. Discover the eligibility requirements, application process, and benefits of this employment-based green card.
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 worker, 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 requiring less than 2 years of training or experience. To qualify, a US employer must sponsor a foreign worker for a full-time, permanent job where qualified American workers are unavailable.
The worker seeking an EB3 visa must have have a US-sponsoring employer who offers them a permanent full-time position. The position for unskilled workers must not be temporary or seasonal. If the position for unskilled worker is temporary or seasonal, then H-2B visa might be a more suitable option.
The employer must have the financial ability to pay the offered wage, undergo the labor certification process and file the immigrant petition on behalf of the worker.
EB3 visas for unskilled worker is subject to annual numerical limitations. There are10,000 visas per year available.
Common Occupations Eligible for EB-3 Unskilled Workers:
Landscaping
Truck Driver
Agriculture
Construction
Food Service
Hospitality
EB3 Visa Application Process for Unskilled Worker
The EB-3 visa application process for unskilled workers involves several steps:
Prevailing Wage Determination (PWD): The employer must obtain a PWD from the Department of Labor (DOL)to establish the minimum wage for the position based on job duties, requirements, location, and other factors. The purpose of the PWD is to prevent employers from underpaying foreign workers to the detriment of US workers.
Recruitment: The employer must conduct a thorough recruitment process to demonstrate that no qualified US workers are available for the position. This typically involves advertising the job in a newspaper of general circulation on two consecutive Sundays, contacting labor unions (if applicable), and posting the job with state workforce agencies and at the place of employment.
Permanent Labor Certification (PERM): After successful recruitment and obtaining the PWD, the employer files a PERM application with the DOL to certify the need for a foreign worker.
Immigrant Petition (Form I-140): Upon PERM approval, the employer files Form I-140with USCIS to establish the worker’s eligibility for an EB-3 visa. The I-140 petition must include evidence that the worker meets the requirements for the position, has relevant training or degrees, and the employer has the financial ability to pay the wage.
Consular processing or adjustment of status: Once the I-140 is approved and visa numbers are available (visa bulletin is current), the worker can either apply for an immigrant visa at a US consulate or embassy abroad (if outside the US) or file for adjustment of status to obtain a green card if already in the US with valid immigration status. Spouses and unmarried children under 21 of the primary EB-3 worker can also apply for immigrant visas or adjustment of status concurrently or separately.
EB3 Visa Requirements for Unskilled Worker
To qualify for an EB-3 visa as an unskilled worker, you must meet the following criteria:
General Eligibility: Be admissible to the United States, with no criminal history, health issues, or visa violations that would prevent entry.
Job Offer: Have a job offer from a US employer for a full-time, permanent position. The job offer must detail duties, qualifications, wages, and working conditions.
Job Qualifications: Meet all requirements outlined in the job offer. This may include specific skills, experience, or licenses. If the job requires a specific skill, job experience or a license, the worker must be able to provide proof that they possess the particular skill, experience or license.
Employer Requirements
To sponsor an unskilled worker for an EB-3 visa, US employers must fulfill the following criteria:
Permanent Full-Time Employment: The employer must commit to hiring the foreign worker on a permanent, full-time basis.
Financial Responsibility: The employer is responsible for most EB-3 visa costs, including petition filing fees, attorney’s fees and recruitment costs. However, the worker can assume costs related to the immigrant visa application (DS-260) or adjustment of status.
Labor Certification: The employer must obtain a prevailing wage determination, conduct recruitment and comply with Department of Labor (DOL) requirements for labor certification.
Financial Ability: Demonstrating the ability to pay the offered wage is crucial. This can be proven through financial documents such as audited statements, tax returns, or bank records and others.
Malescu Law can assist
If you are a US employer, seeking a permanent solution to your labor shortages, contact usor book a consultation with our EB3 visa lawyer to start the process of sponsoring EB3 visas for unskilled workers. Our team has successfully obtained EB-3 visas for unskilled workers.
We serve companies across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law.
A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters.
She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
