permanent

EB-3

Employment-Based Immigration: Third Preference

     You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

  • “Skilled workers”: requires minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
  • “Professionals”: requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
  • The “other workers”: performing unskilled labor requiring less than 2 years training, education, or experience, not of a temporary or seasonal nature.

Eligibility Criteria

Skilled workers

     You must be able to demonstrate at least 2 years of job experience or training

     You must be performing work for which qualified workers are not available in the United States
evidence

     Labor certification and a permanent, full-time job offer required.

Professional

    You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation

    You must be performing work for which qualified workers are not available in the United States
Education and experience may not be substituted for a baccalaureate degree

evidence

     Labor certification and a permanent, full-time job offer required.

Other workers / Unskilled

     You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

evidence

     Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.

*Benefits
  • Freedom to work and live anywhere in the U.S. permanently
  • Ability to sponsor family mambers; get them a GREEN CARD
  • Abillity to apply for U.S. Citizenship
  • Free education for kids
  • Right to obtain social benefits such as free education, research grant, taxation benefits, insurance coverage, retirement benefits, and helth benefits
  • Eligibility to own properties in the U.S.
Labor Certification

   The actual process for permanent labor certification varies depending upon the program being used. This Web site contains information regarding the process for filing for each of the programs under the Department of Labor’s (DOL) jurisdiction. The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general, the DOL works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

     A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Application Process

    Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

Process

Consulting application

Application for the consultancy service with JL Recruitment and Consulting.

Job Offer

Workers receive a job offer from employers sponsors.

File PERM

Application for Labor certification

PERM Approval

Depart of Labor submits PERM approval

File I-140

Employers fill Form I-140, permanent residence for foreign workers.

Green Card

The Green Card approved you can enjoy all the benefits of Permanent Resident.

Interview with US Embassy

Interview at the Embassy of the USA

DS-260 or Adjustment of Status

Application for DS-260 or I-485
after I-140 approved

Don't hesitate!

Schedule your appointment with us today and allow us to guide you all the way!

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The information, templates, forms, tips, and tools provided in and through JL Recruitment & Consulting, LLC is not legal advice. JL Recruitment & Consulting, LLC is not a law firm and the employees and contractors (including attorneys, if any) of JL Recruitment & Consulting, LLC are not acting as your attorneys, and none of them are a substitute for the advice of your own attorney or law firm licensed to practice law in your state or home country.