Employers in the United States who wish to hire foreign workers and sponsor them for EB-3 employment-based immigrant visas must go through a multi-step process. The EB-3 visa category is designed for skilled workers, professionals, and other workers. Here are the general requirements for U.S. employers to sponsor foreign employees for EB-3 visas:
Job Offer: The employer must offer a bona fide, permanent, full-time job opportunity to the foreign worker. The job offer should be for a position that falls under one of the three EB-3 subcategories:
- Skilled Workers: Positions requiring at least two years of job experience or training.
- Professionals: Positions requiring a U.S. bachelor's degree or its foreign equivalent.
- Other Workers: Unskilled or low-skilled positions not covered by the first two categories.
Labor Certification (PERM): For most EB-3 applicants, the employer must obtain a Labor Certification from the U.S. Department of Labor (DOL). This process involves demonstrating that there are no qualified U.S. workers available to fill the position, and that hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions. The PERM process can be lengthy and involves specific recruitment steps.
Prevailing Wage:
The employer must agree to pay the foreign worker the prevailing wage for the position based on the geographic location and job category. The prevailing wage is determined by the DOL and is meant to ensure that foreign workers are not hired at lower wages that could undercut the U.S. labor market.
Ability to Pay:
The employer must also demonstrate the financial ability to pay the offered wage to the foreign worker. This is typically shown through financial statements, tax records, or other relevant documentation.
Job Requirements:
The job requirements and qualifications must be clearly defined, and they must meet the minimum requirements set by the DOL and USCIS for the specific EB-3 category.
Form I-140 Petition:
After obtaining the Labor Certification (if required), the employer must file an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the foreign worker's eligibility for the EB-3 visa category.
Visa Application:
Once the Form I-140 petition is approved, The foreign worker, an immigration attorney, or an intermediary company can apply for an EB-3 visa on his/ her behalf at a U.S. embassy or consulate. Alternatively, if the worker is already in the U.S. on a different visa status, they may be able to adjust their status to that of a lawful permanent resident (green card holder) without leaving the country.
Visa Bulletin:
It's essential for both the employer and the foreign worker to adhere to the specific requirements and timelines associated with the EB-3 visa category.