EB-3 Visa for Unskilled and Low Skilled Workers in USA
TABLE OF CONTENTS
1. Here are a few detailed steps on how the program works:
Step 1: Permanent Labor Certification;
Step 2: Filing I-140 USCIS;
Step 3: Consular processing;
2. Some common questions and answers.
There are many employers in America who find it very difficult to find some unskilled and low-skilled workers.
In that case the EB-3 Visa Green Card program allows employers to fill these unskilled and low-skilled jobs with foreign national workers.
1. Here are a few detailed steps on how the program works:
Step 1: Permanent Labor Certification
A Permanent Labor Certificate issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
Before a U.S. employer submits an immigration petition (USCIS Form I-140) to the Department of Homeland Security and US Citizenship and Immigration Services (USCIS), the employer must obtain an application from the DOL's Employment and Training Administration (ETA).
The DOL must prove to USCIS that there are not enough U.S. workers capable, willing, qualified and readily available to take up employment opportunities, and that the employment of foreign workers will not adversely affect wages and working conditions.
*** Job offer:
The employer offers the position to a foreign national, who will apply for the position at the next appointment because there is no qualified U.S. employee there.
*** Prevailing Wage Request Filing:
- The ETA 9141 Common Wage Request Form contains location details (job title, responsibilities, requirements, job location) and requests the minimum required wage from the Department of Labor (DOL).
- The current processing time is about 110 days.
*** Advertising:
- Recruitment of PERM labor certificate for unskilled workers requires 2 print advertisements in the main Sunday newspaper, 30 days posting and filing an internal PERM notification with the state manpower agency.
- This recruitment system exists to ensure that employers are not depriving qualified U.S. workers of their jobs.
*** ETA 9089 Labor Certification Filing:
- ETA 9089 PERM Labor Certificate may be submitted at the end of the hiring period, and in the absence of any qualified U.S. employee applying for the advertising position.
- This is an online, certification-based filiUSCIS
Step 2: Filing I-140 USCIS
- Once ETA 9089 is certified, I-140 Petition for Migrant Workers can be applied to USCIS.
- The I-140 USCIS filing fee is $ 700.
- Normal processing time is approximately 6 months but there is an opportunity to apply for a premium to charge USCIS 15 2,500 for 15 days processing.
Step 3: Consular processing
- As soon as the I-140 petition is a
pproved by USCIS, the foreign national will receive an email from the National Visa Center (NVC) with instructions on what documents to bring to the US Embassy for the interview.
- Once a foreign national receives a permanent resident visa, they will be able to move to the United States to begin their permanent employment with the sponsoring agency.
2. Some common questions and answers:
Q1: How long does the whole process take?
Answer: About 12-18 months.
Q2: Who has to pay the fee?
Answer: The employer has to pay the advertising fee and PERM attorney fee (if an attorney is hired). The remaining fees can be paid by either party.
Q3: How do I find an employer who will hire me and sponsor me for an EB-3 Visa Green Card?
- A common way to find employers who will sponsor you for an EB-3 Visa Green Card is to go to a big job website, such as jooble, Indeed, or ZipRecruiter, and enter "Offering visa sponsorship".
- This will filter the results to show jobs that have "Visa Sponsorship Offered" in the description.
- Keep in mind that while looking for this job some of the details will say “No Visa Sponsorship Offered”, but it still seems to be an effective way to find employers who offer Visa Sponsorship.
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