EB-3 Unskilled Information

Gateway Professional Services believes to have a great selection of EB-3 Unskilled visa job opportunities nationwide. (Explore the Job Openings)

With services that include temporary and permanent staffing, on-site management, HR consulting and more, Gateway Professional Services is the resource you need to be successful . We have proven success in helping businesses around the country improve their labor challenges – even in the face of high-volume staffing and logistical challenges. Contact a staffing consultant today to learn more about how we can help.

The industries we specialize in.

Building Maintenance/Property Management

Production and Distribution

Shipping and Receiving

Light industrial

EB-3 GREEN CARD SUCCESSFULLY RECEIVED IN 3 STEPS

Step # 1 PERM LABOR CERTIFICATION (Six to Ten months for processing time)

The first step in the EB3 Green Card process is the PERM (Program Electronic Management Review) Labor Certification, this process is completed by the U.S. employer. The PERM process is by initiated filed by the U.S. employer with the Department of Labor (DOL). The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the documents and requirements being utilized on his/her behalf. In general, the DOL works to ensure that the admission of foreign workers who will be employed in the U.S. in the future will not adversely affect the job opportunities, wages and vacancies available to the U.S. citizens and U.S. Nationals. 

The process of filing a PERM requires a job opening in a specified professional field. After receiving a prevailing wage determination and going through the recruitment process, applicant may complete the PERM form and submit the application. One thing to note is that the PERM/Labor Certification application must be submitted within 180 days of any recruiting effort. This means that if you begin the recruitment process prior to receiving the prevailing wage determination, the recruitment effort may expire before you receive the prevailing wage determination. Once a permanent Labor Certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS. (UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES)

The first step in the PERM (Program Electronic Management Review) Labor Certification, this process is completed by the U.S. Sponsor/Employer/Petitioner. The PERM process is initiated and filed by the U.S. employer with the Department of Labor (DOL). The DOL works to ensure that the admission of foreign workers who will be employed in the U.S. in the future will not adversely affect the job opportunities, wages and vacancies available to the U.S. citizens and U.S. Nationals. 

The process of filing a PERM requires a job opening in a specified professional field. After receiving a prevailing wage determination and going through the recruitment process. One thing to note is that the PERM/Labor Certification application must be submitted within 180 days of any recruiting effort. This means that if you begin the recruitment process prior to receiving the prevailing wage determination, the recruitment effort may expire before you receive the prevailing wage determination. Once a permanent Labor Certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS. (UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES). Below is a brief run down on the PERM process.

Stage 1

Filing the prevailing wage determination (It could take up to 9 months to Receive certified /approved prevailing wages)

Stage 2

Recruitment Process, can only begin once the prevailing wages are certified and approved by the DOL

Stage 3

File the PERM (ETA 9089) once the recruitment process is completed

Step # 2 PETITION FOR ALIEN WORKER FOR THE APPLICANT (Six to Nine months standard processing time / Fifteen days for premium processing time)

This is the second step in obtaining the EB-3 category Green Card. To qualify for an EB-3 category Green Card, the applicant along with the employer must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, the employer must be able to demonstrate a continuing ability to pay the offered wages as per the requirements from the Department of Labor and USCIS. The Applicant is required to submit relevant experience letters and educational documents to evidence he/she is qualified to perform all the duties for the offered position. The Employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay the applicant’s annual wages. 

If Six months seem to be too long to wait for the Form I-140’s approval, the applicant may want to consider opting for premium processing service by paying additional fees. This optional feature is offered by USCIS and will shorten your petition processing time from six months to fifteen calendar days by using premium processing services.

Step # 3 ADJUSTMENT OF STATUS/GREEN CARD FILING

This is the last step in applying for permanent resident status in the United States for many immigrant professionals. As the applicant is already present in the United States, filling an Application for Permanent Residence through the Adjustment of Status process means that applicants do not need to return to their home country to obtain an immigrant visa.

Adjustment status:

Once a visa number is available or in other words once the Priority date is current for the applicant, and the applicant is lawfully present in the United States, he/she is eligible to apply for Adjustment of Status. In another scenario, if the Priority date is current, he/she may be eligible to concurrently file the Adjustment of Status Application (Form I-485) along with the Petition for Alien Workers (Form I-140). This can speed up the overall processing time considerably.

Consular process:

EB-3 Immigrant Visa is obtained with one-to-one interview process with the consular officer at the U.S. Embassy based on the criteria and supporting documents the employer-applicant has provided at the I-140 Petition filing stage. The employer is offering a permanent position to the applicant once his/her EB-3 Immigrant Visa is granted and stamped in the passport, applicant arrives in the USA and receives his/her Permanent Resident Card.

PRIORITY DATE AND WAIT TIMES:

When the applicant submits his/her Petition for Alien Workers (Form I-140), he/she will obtain a priority date. Applicant’s priority date is generated the same day USCIS receives the I-140 Petition. The priority date is the applicant’s date as a reservation in line to obtain a visa number once it is available. For some countries, there is no wait time, a visa number is easily available, and applicants are eligible to adjust their status in the USA. For other countries, particularly for those applicants who are born in China and India, these wait times can be much longer. Applicant can look at the Department of State’s website for visa bulletin and more information about wait times. EB-3 Green Card processing time takes up to a year or little longer to finish but it can take several years in certain cases. There are chances of priority dates retrogression sometimes as well.

CONCLUSION

While the EB-3 Green Card process can be complex and involves complying with a number of requirements (such as PERM/Labor Certification and degree/experience), the approval process itself may be faster than other related PERM/Labor-based visa categories. The EB-3 Green Card, for those who qualify, can offer a much quicker path to Permanent Residence status in the United States.
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