EB3 Visa | Another Way To Meet Qualified Foreign Labor Need | A Summary

While the unemployment rate fell to 3.6 percent being an all-time low since 1969 in the US, finding the skilled workforce emerges as a more prominent challenge for companies seeking to develop and grow their businesses. Therefore, employers inevitably tend to move abroad to meet professional and qualified labor needs. Thus, in this blog post, we are introducing EB3 visa or Green Card as an alternative way. 


In addition to employment-based non-immigrant visa categories which can be utilized to employ skilled workers from overseas, there is also a Green Card through employment option to be considered as a viable alternative. This path could be utilized for qualified employees if there is a full-time job offer from an employer who can show unavailability of intended qualified US workers in the employment area. Depending on the type of employment, sometimes getting an immigrant visa like Green Card might be an easier option than non-immigrant visas such as H-1 B, L-1, and O-1. 

One of the important impediments to Green Card application is the waiting periods because of the annual quotas/per country limits. At present, per country limits/quotas are still available except for countries like China and India. Hence, this is a good opportunity for those who want to employ skilled foreign workers within the Green Card protocol. The relevant procedure might be summarized as follows: 


EB3 Visa Application Process 

  • First of all, USCIS delineates skilled workers as persons whose occupation requires a minimum of two years of training or work experience in the relevant field. Furthermore, these jobs should not be performed on a temporary or seasonal basis to qualify. Therefore employers who are willing to benefit from Employment Based Immigration - or more specifically Third Preference EB-3 visa category in technical terms- should be prepared to make evident that the occupation/position they apply for meet the 2 years criteria. For example, to hire an alien mechanic in a garage, the employer should be able to demonstrate at least 2 years of job experience or training is required. 
  • Through a process called PERM (Program Electronic Review Management), the employer must certify that there are not sufficient US workers ready and qualified to work in the relevant occupation and location. In addition, the employer must also attest that hiring such alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. When PERM procedure is completed, the employer can apply for a Green Card by submitting the form I-140 which is used to petition for a foreign worker to become a permanent resident in the US. USCIS will examine the application and adjudicate whether the employer meets financial eligibility to sponsor the employee and whether the alien employee meets the job- related criteria. 
  • Subsequent to the approval, the intended alien worker could go to the US consulate and initiate the final phase of the EB3 visa / Green Card application process or apply to Adjustment of Status if the alien has already been in the US. 


Recommendations for EB3 Visa Procedures

 Overall, the above EB3 Visa or employment based Green Card procedures and processes are complicated and time-consuming. Furthermore, a single tiny mistake during the preparedness and application processes could cause huge losses of time and financial resources. Hence it is crucial to take comprehensive and robust legal advice and follow the guidance of a specialized immigration attorney.

 With exceptional knowledge and insight into the Green Card application process, our experienced immigration attorneys at John Onal & Associates PC are ready to help and respond to your Green Card questions.

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You can also visit our office directly, e-mail us or phone.

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