EB-3 Green Card

• Employment Permit: The EB-3 Green Card grants permission to work in the United States, opening up a variety of career paths across different sectors. This employment permit is a key benefit, helping Green Card holders secure their footing in the U.S. labor market and advance professionally.
• Residence Permit: Beyond work authorization, the EB-3 Green Card also offers a residence permit. This allows Green Card holders and their families to live in the U.S., establishing a stable home while pursuing employment opportunities.

The EB-3 Green Card provides a pathway to permanent residency in the United States, a feature that distinguishes it from many other non-immigrant visas. Once granted, it allows for an indefinite stay, subject to certain conditions and the Green Card process, marking a significant step towards building a long-term future in the U.S.

• Spouses: A major benefit of the EB-3 Green Card is the accommodation it provides for spouses of Green Card holders. Spouses can apply for a dependent visa, enabling families to stay together and support each other as they adapt to life in the United States.
• Children: The EB-3 Green Card extends its benefits to the children (unmarried and under 21 years) of Green Card holders, allowing them to live, study, and grow in the U.S. alongside their parents. This ensures that families do not have to face separation, providing a cohesive family unit.

The journey to securing an EB-3 Green Card begins with a comprehensive understanding of its specific requirements. This visa category is tailored for three main groups: skilled workers, professionals, and unskilled workers, each having distinct eligibility criteria.

• Educational and Experience Requirements
  • Skilled Workers: Applicants must demonstrate at least two years of job experience or training relevant to the position they are being offered.
  • Professionals: A U.S. baccalaureate degree or its foreign equivalent is required, which is typically necessary for the professional job on offer.
  • Unskilled Workers: For those applying as other workers, less than two years of experience or training is necessary for the unskilled labor position being considered.
• Employment Offer
  • Prospective applicants must have a valid job offer from a U.S. employer to qualify for the EB-3 Green Card. The job offer should align with the applicant’s background in terms of education and experience.
• Labor Certification
  • Employers must obtain a PERM Labor Certification from the Department of Labor, confirming that hiring a foreign worker will not disadvantage U.S. workers in similar roles regarding wages and working conditions.
• Permanent Full-Time Offer
  • The job offer for EB-3 Green Card applicants must be for permanent, full-time employment. Temporary or seasonal jobs do not qualify under this visa category.

• Evaluation of Your Case: The first step involves a thorough assessment of your qualifications against the EB-3 criteria. Determine which category you fall into: skilled worker, professional, or other worker, and ensure that you meet the specific requirements of that category.
• Constituting Your Eligibility: At this stage, it’s important to gather the necessary evidence that substantiates your eligibility, such as educational credentials and job experience. Consulting with an immigration attorney may also be beneficial to ensure a comprehensive evaluation.

Before proceeding to the compilation of necessary documents, an essential step intertwined with the EB-3 Green Card application process involves understanding and obtaining a PERM Labor Certification.

• What is the PERM Application? The Program Electronic Review Management (PERM) application is a prerequisite for most EB-3 Green Card categories. It’s a system used by the Department of Labor (DOL) to process labor certifications, which is an essential step in ensuring that the employment of foreign workers does not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Why it was Implemented? The PERM process was implemented to streamline labor certification by making it faster and more efficient. It ensures a strict labor market test to protect U.S. workers and maintain the integrity of the immigration system.
• Step by Step PERM Application Process
  1. Prevailing Wage Determination: The employer initiates the process by requesting a prevailing wage determination from the DOL, which defines the average wage for the occupation in the area of intended employment.
  2. Recruitment Phase: The employer must conduct recruitment efforts to test the labor market, demonstrating that there are no willing, able, qualified, and available U.S. workers for the position offered.
  3. Filing the PERM Application: After completing the recruitment process, the employer files the PERM application with the DOL, detailing the job duties, requirements, and recruitment results.
  4. Approval: Upon review, if the DOL certifies the PERM application, the employer then moves forward with filing the Form I-140, Immigrant Petition for Alien Worker, on behalf of the candidate.

Preparing the necessary documentation is critical for a smooth application process. Essential documents typically include:

• Passport: A valid passport is required for each applicant.
• Educational and Professional Credentials: Diplomas, degrees, and certifications, alongside resumes and employment references, confirm your educational and professional qualifications.
• Job Offer Letter: A permanent job offer from a U.S. employer is essential. The job offer should align with the EB-3 category under which you are applying.
• Labor Certification (PERM): Your employer must obtain a PERM Labor Certification from the Department of Labor, which involves proving that there are no qualified U.S. workers available for the job.

For those already in the U.S., the adjustment of status process involves filing Form I-485 to change their status to that of a lawful permanent resident. This step is taken after the approval of the Form I-140, Immigrant Petition for Alien Worker.

For applicants outside the U.S., consular processing involves coordinating with a U.S. consulate to obtain an immigrant visa based on the approved I-140 petition. This process includes submitting a visa application, attending an interview, and passing medical examinations.