This category of Green Card, based on employment, is for those who wish to enter the United States to get a job that requires a bachelor’s degree or equivalent, for professionals, two years of training or experience, in skilled workers case, or, in some cases, with less than two years of experience to become proficient, for other workers.
Qualification
EB-3 covers more common position than other categories of Green Cards, such as EB-2, and therefore can become back-logged with the applicants waiting list for approval.
There are three ways in which workers can qualify for this category:
1. Skilled worker: the job requires at least two years of relevant employment experience or training. Also, a labor certification process is required to demonstrate that there are no skilled workers already available in the USA to fill the vacancy.
2. Professionals: The professional position in question requires a bachelor’s degree (or foreign equivalent).
3. Other workers: the third option covers jobs that can be performed with less than two years of training. (However, temporary or seasonal jobs are excluded.)
The employer must:
- establish that they can pay for the position offered.
- Evidence of “ability to pay” may be an annual report, federal income tax return, or audited financial statement to demonstrate an ongoing ability to pay the salary for the position.
- prove that the beneficiary meets the minimum requirements for the position.
Labor Certification Process
The US Department of Labor (DOL) requires the prospective employer to test the market, to establish that there are no willing or qualified workers, already legally in the United States, who can fill the vacancy. The process is called “Labor Certification”, or “PERM”.
This process also requires a “prevailing wage” determination and usually includes:
• Posting at the State Work Force Agency;
• Publish an ad in an important newspaper on consecutive Sundays;
• Publish the job advertisement in a visible place at the workplace and on the company’s intranet/website;
• In addition to three other recruitment processes, as set out in the regulations.
It is vital that the employer performs and records all actions performed during the process, as the failure will cause a denial of the application. The employer is strongly advised to work with the advice and guidance of an experienced immigration lawyer, as the process is complex.
As in all cases, both the employer and the employee should seek the services of an experienced attorney such as those available at the Kravitz & Guerra Law Office in Miami.
