This visa program is employment based, and is to attract for skilled workers, professionals or unskilled workers who wish to obtain permanent residence in the United States. The program requires a permanent offer of employment in the United States.
1. Skilled workers must be able to demonstrate that they possess at least a minimum of 2 years of work experience or training their respective field.
2. Professionals must possess a baccalaureate degree or an equivalent degree that is required for entry to their occupation in which they have work experience.
3. Unskilled Workers/Other Workers must be undertaking the type of unskilled labour that requires less than 2 years of training or experience.
* For all the above a Labor Certification and a Permanent Full-time Job offer are required
This visa programs requires that the application be submitted through a PERM Labor Certification process which is where the U.S. Department of Labour required the employer who offers the potential applicant the job offer to “test the market” to ensure that there are no qualified or willing U.S. workers for the position/job offered.
As part of the process, a Prevailing Wage Determination must be obtained. Advertisements must be placed in the major circulating newspapers for consecutive Sundays, the job position must also be posted with State Workforce Agency, and also posted in places at the worksite and on the company’s internal directory. It is also recommended that in addition to the foregoing, three other recruitment processes/avenues are selected to ensure that an attempt was made to locate to hire a qualified U.S. worker (call Azimi Immigration for further details about this).
Employers must ensure that they conducted and record all actions that they have taken as part of the recruitment process the labor certification process to avoid rejection. A recruitment report must be compiled.
Once the job advertised, the employers must proceed to interview U.S. workers that met the minimum requirement for the position, and if a U.S. worker is rejected for the position, the reason (which must be lawful and job-related reason) must be stated in the compiled recruitment report.
Time is of the Essence
There is a time requirement in this visa program such that recruitment must be performed 180 days prior to the filing of the labor certification application, but must also completed 30 days before filing of the application. For additional information regarding these guidelines contact Azimi Immigration.
Family of EB3 Visa Holders
Spouses of EB3 visa holders may be admitted through either E34 (skilled worker) or EW4( other worker), and Minor children are admitted through the E35(skilled) or EW5 (other worker). At the time of applying for permanent residency, the spouse may apply for an Employment Authorization Document (EAD) that allows the spouse to freely work in the U.S.