EB-3 Visa: Are you eligible for an Employment Green Card?

The Employment Based Visa category, EB-3, has long provided a workforce for small and large businesses in jobs that are difficult to fill. This visa provides a direct path to a green card and is broken up into 3 categories of workers:

1. Skilled Workers – able to demonstrate at least 2 years of job experience
2. Professionals – workers hold a U.S. bachelor’s degree or foreign equivalent
3. Other Workers – performance of long term unskilled labor, does not require any amount of experience

As you can see, with an EB-3, no experience or fancy degree is necessary!

3 Stages for the EB-3 Category

The EB-3 is broken into 3 stages from the beginning of the case until you receive your green card:

1. Prevailing Wage/PERM Labor Certification with the Department of Labor (DOL)
2. I-140 with USCIS (U.S. Citizenship and Immigration Services)
3. I-485 (green card) with USCIS or Consular Processing with NVC

Stage 1: Department of Labor (DOL)

Part of the EB-3 process involves the employer showing to the DOL that it was not able to find a qualified or interested worker U.S. worker to accept the job being offered to the foreign worker. The Prevailing Wage (ETA Form 9141) is the first document to be filed with the DOL which will include the job description and requirements. With Form 9141 the DOL will issue the wage determination for the job being offered. The wage is very important as the employer will have to show the ability to pay this salary through their corporate taxes. That’s why our attorney will analyze this closely with your employer to make these determinations during your consultation. Form 9141 can take several months for issuance – anywhere from 4 to 7, depending on the DOL processing times. However, during the waiting process, we will begin recruiting for the position. Generally, recruitment will consist of:

1. 2 Sunday advertisements in a local newspaper of large circulation;
2. Posting for 30-days in the State Work Force Agency; and
3. A Notice of Filing the PERM Labor Certification at the worksite to notify current employees of the job opportunity

Once the recruitment period ends. The employer will conduct interviews with any qualified applicants. With Form 9141 issued and all recruitment, steps are complete, we are now ready to file form ETA 9089 with the DOL. Here, we will provide all of the recruitment information along with the job requirements and your qualifications, demonstrating that you, the foreign worker, are qualified to perform the job. Form ETA 9089 can take anywhere from 4 months to a year for certification. During this time, there is a possibility that your case will get audited by the DOL. A DOL audit can seem scary, but it’s actually quite common. As long as your legal team maintained careful documentation of your case along the way, you shouldn’t have anything to worry about.

Stage 2: I-140 Immigrant Petition with USCIS

The I-140 verifies the job requirements on your certified PERM have been properly met by the foreign worker and confirms the employer is able to pay the salary as determined by the DOL in form ETA 9141. Again, this is why it’s so important to discuss all aspects of the PERM case with an experienced immigration attorney prior to beginning your process. The processing times for Form I-140 vary, but it can take several months (6-10) and like everything else, processing times with USCIS are always changing. However, during this stage of the case, you have the option of submitting the I-140 with a premium processing fee of $2,500. This will guarantee a response from USCIS to Form I-140 within 15 calendar days. The filing fee for the I-140 is currently $700. For a combined value of $3,200, you can have USCIS adjudicate your case faster.

Stage 3: I-485 Immigrant Petition with USCIS or Consular Processing with NVC

With the I-140 approval in hand, you are ready to complete the final stage of paperwork. If you are in the U.S. you can now prepare the rest of your forms to submit to USCIS which include both the green card application as well as your work permit application. Your case might be scheduled for an interview at a local USCIS field office. If so, your attorney will prepare you for this interview and can accompany you on an actual day. However, if you are abroad, USCIS will transfer your case to the National Visa Center (NVC) where you will upload the required documentation and complete the remaining applications for your final green card interview at a U.S. consulate abroad. Unfortunately, you cannot be represented by legal counsel at this interview but your attorney should prepare you in advance.

Purdy Law Employment Based Attorney

Our PERM and EB-3 team at Purdy Law has vast experience representing companies and individuals through the employment based process. We have successfully obtained green cards for many foreign workers, both with experience, little experience or absolutely no experience. Furthermore, education is not a requirement for the EB-3 green card, making this a great option for those who cannot meet the requirements of an EB-1 or EB-2, such as a Nanny or Au Pair. Give us a call to schedule your consultation with our attorney and see if we can help you become a green card holder today!