The EB-3 visa program allows U.S. employers to sponsor their foreign national employees or potential employees for a green card. In other words, if you want to hire someone to work for your company on a permanent basis you can do so by sponsoring them for a green card through the EB3 process if they fit certain criteria.
The first step in the EB-3 process is to obtain a prevailing wage for the offered position from the U.S. Department of Labor (DOL.) Next, the employer must test the U.S. labor market to make sure there are no U.S. employees available for the position. This is done by placing ads and job notices that satisfy the DOL regulations. This process may take 6-7 months.
If employers are unable to find U.S. workers who meet the minimum qualifications listed in the job description, they may file a PERM (Program Electronic Review Management) application with the DOL. If the PERM is certified, Employer may then file the necessary forms and supporting documents with USCIS for final processing of the Immigrant EB-3 Visa.
Employers may sponsor an employee who is already working with them, someone who is working with another employer, or even someone who is living abroad. Regardless of where the potential employee may be, his/her immigration history is paramount to a successful sponsorship. A potential employee may have no U.S. immigration history, which is also fine, so long as he/she meets the minimum requirements for the position.
This is a detailed and timely process so it is important to plan ahead and to have a knowledgeable immigration attorney in your corner to ensure all requirements are met and regulations are followed. One mistake can result in a denial of the PERM. Which would require the employer to start the process over from the beginning.
Requiring a foreign language, unless it’s vital for the position and is listed as a minimum requirement, may trigger a DOL audit. In the event of such an audit, Employer must demonstrate a business necessity to get the certification.
Employers must also be able to pay the prevailing wage for the position. If the foreign national is already working for the Employer, then pay stubs may prove the availability of funds to pay. If, however, the potential employee is not currently working for the Petitioner, ability to pay may be substantiated by showing adequate cash flow in the Employer’s federal tax returns.
In the current tight labor environment with historic low unemployment, our clients often get DOL PERM certifications within months, enabling them to continue their sponsorship with United States Citizenship and Immigration Services (USCIS.) Prior to filing with USCIS, Employer must make sure of visa availability as listed in the Visa Bulletin. U.S. Department of State (DOS) issues the Visa Bulletin monthly.
Please contact our Los Angeles, CA green card lawyer at [email protected] if you would like to consult with one of our attorneys on how best to navigate through the applicable federal agencies for employment-based immigrant visas/EB-3. Or give us a call at 323-857-0034.
