EB-3 Skilled Workers
EB-3 Skilled Workers visa is for the person who is capable of performing skilled labor. The applicant must possess minimum 2 years of expertise or training in a field which is not seasonal or temporary. Relevant post-secondary education may be considered as training for the purposes of this provision. It is necessary for the employer to sponsor the applicant through labor certification/PERM which is a process in which it is determined that whether qualified US workers can fill the open position or not. After the Labor certification/PERM application has been approved, it is not important for the applicant to produce any other document.
Further the EB-3 visa category includes:
- Aliens with at least two years of experience as skilled workers;
- Professionals with a baccalaureate degree; and
- Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
Following are the steps involved in procedure of getting an EB-3 Skilled Workers visa:
1. Get Labor Certification Application Approved –
The state employment security agency (SESA) is a body which completes preliminary processing of the labor certification application, filed by an employer company, which then forwards to the appropriate regional office of DOL which issues the labor certification. The application is divided into two parts, the first part of which consists of a formal offer of employment containing specific information about the job. The second part is a statement of the qualifications of the candidate whom the company has selected for the job. The certification is approved when it is found out that there are insufficient U.S. workers available who are interested in and willing to take the job offered by the employer company.
To know about the status of US workers a test is taken to find out the exact statistics. There are two ways to conduct the test: (1) the employer can conduct its own test by providing evidence of recruitment in the past six months; or (2) the employer can let the government conduct the test through government supervised recruitment. The first way leads to what is known as “reduction in recruitment” (RIR) or “fast-track” processing.
Finally the Labor Certification application is approved if everything is found out to appropriate and satisfactory.
2. Petition of Immigration (Form I-140): The petition is filed by the employer company on behalf of the applicant in which a formal offer for a permanent employment is stated. It is mandatory to have an approved Labor Certification in order to file a petition of immigration. The petition formally seeks for the permission of the government to hire a specific foreign national to “permanently” fill the job. In Form I-140, all the relevant information about the company (the “petitioner”), the candidate (the “beneficiary”), and the job offered must be clearly stated.
3. Application for Adjustment of Status: An application for the adjustment of status has to be filed by the employee so as to adjust the employee status to that of permanent resident in US or consular process for an immigrant visa at a U.S. consulate in case it is for outside of the US.
If you are seeking Lawful Permanent Residence or a Green Card by attaining a EB-3 visa for skilled workers, contact an immigration attorney from USAcitizenships.com for a consultation about qualifying for an EB-3 visa today.
