EB-3 Path To a Green Card

EB-3 is shorthand for “Employment-Based Third Preference,” a category of employment-based U.S. immigrants made up of “skilled workers,” “professionals,” and “other workers.”

Skilled Workers

In order to qualify for EB-3 employment-based immigration to the U.S. as an EB-3 Skilled Worker, you must be able to demonstrate two years of experience or training and you must be performing work for which there are no qualified U.S. workers available. The U.S. Department of Labor (DOL) also requires Labor Certification and a full-time, permanent job offer.

Professionals

In order to qualify for EB-3 employment-based immigration to the U.S. as an EB-3 Professional, you must be able to demonstrate that you possess a U.S. baccalaureate degree or the foreign equivalent, that you are performing work for which there are no qualified U.S. workers available and education/experience cannot be substituted for the baccalaureate degree. The U.S. Department of Labor (DOL) also requires Labor Certification and a full-time, permanent job offer.

Other Workers

In order to qualify for EB-3 employment-based immigration to the U.S. as an EB-3 Other Worker, you must be able to demonstrate capability, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training/experience), that is not of a temporary or seasonal nature, for which there are no qualified U.S. workers available.

Process

Generally, employment-based immigration is a three part process.

1. PERM Labor Certification: Recruitment and Prevailing Wage Determination

PERM Labor Certification is, generally, a two-part process made up of a labor market recruiting campaign and a prevailing wage determination. The employer is required to make efforts to recruit U.S. workers for the position and show their efforts have been fruitless to the Department of Labor (DOL). The employer must also show the wage they are offering is consistent with the prevailing wage of that occupation in that area so as not to negatively impact the wages of similar U.S. workers.

Once the employer has sufficiently proven to the DOL that they tried but were unable to find a qualified U.S. worker and that they wage for the position is consistent with the prevailing wage requirement, Department of Labor will certify the PERM Labor Certification.

2. I-140 Application for Immigrant Visa and Proof of Ability to Pay

Once the Labor Certification is certified by the DOL, the employer must file Form I-140, Application for Immigrant Visa with U.S. Citizenship and Immigration Services (USCIS). The employer must show they have the ability to maintain the foreign nationals employment and that the foreign national is qualified for the position in the PERM application.

3. I-485 Adjustment of Status

Once the I-140 is approved, the foreign national can adjust their status to LPR without leaving the U.S. if they qualify to do so. The foreign national’s spouse and unmarried children under 21 may also adjust status or consular process if they are not in the U.S. at the time. Each case is given a priority date based on when they filed. The State Department publishes a Visa Bulletin listing the priority dates for each employment-based category currently being processed. Applicants with a priority date of or before the listed date can file. “C” indicates the applicant can file regardless of priority date.

The rules and process for getting your employment-based green card are extremely complex but a qualified immigration attorney can help guide you to your goal.