EB-3: Green Card by permanent Job Offer (Sponsor)
Learn about the EB-3, immigration category based on a permanent and full-time job offer in the United States.
Depending on the case, the sponsor in the U.S. needs to apply for a labor certification on behalf of the EB-3 candidate issued by the Department of Labor. Once the certificate is approved, the next step is to submit the EB-3 petition to the U.S. Citizenship and Immigration Services (USCIS).
The minimum criteria for EB-3 can vary significantly according to the candidate’s professional and academic profile and the profession they seek to practice in the USA. Still, in all cases, it is necessary to have the sponsor and job offer already. Check out the criteria below:
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Schedule A – This EB-3 subcategory includes physical therapists who are seeking a license in the American state where they will reside, professional nurses who are attending an accredited nursing school in the U.S., professionals in the fields of science, arts or university professors who meet at least two extraordinary skills criteria.
Professionals with a diploma – Foreigners who have at least one higher education (bachelor’s degree) in the U.S. or equivalent academic training in their country of origin or housing and who perform a professional activity that is missing or lacking in qualified labor in the country. Work certification is required.
Skilled Workers – Foreigners with at least two years of experience and professional training in the same area are invited to work in the U.S. and perform tasks where there is a shortage or shortage of skilled labor in the country. Technical certification is also required.
Unskilled Workers – People who can demonstrate the ability to perform unskilled labor (requiring less than two years of training or experience) that is not of temporary or seasonal nature. This category requires labor certification and a permanent full-time job offer.
Frequently Asked Questions
Does the EB-3 immigration process require a job offer?
Yes. A labor certification and a permanent, full-time job offer are required.
Who can sponsor an EB-3 application?
Any legal organization inside the U.S. can sponsor an EB-3 process if they have a suitable opening within the company and can justify why hiring a foreign national becomes imperative.
What are the main requirements to qualify for the EB-3?
It depends on the position offered by the company sponsoring your application in the U.S. The job description will list any minimum requirements, such as High School Diploma and work experience. Etc. You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other workers.
Can the spouse of an EB-3 work in the U.S.?
While applying for permanent residency is ongoing, the spouse may apply for an Employment Authorization Document (EAD), which lets them work freely in the country.
How long does it take to get a green card through EB-3?
There are several steps in receiving an EB-3 application. Therefore, the EB-3 processing time should take between 1 and 3 years for most EB-3 visa applications to be processed.
What is the FEIN (Federal Employer Identification Number)?
Also known as the EIN, is a unique nine (9) digit number assigned by the IRS to business entities operating in the U.S. for the purposes of identification.
What is the UIN (Unemployment Insurance Number)? Is it required for the EB-3 process?
Is typically a five (5) to (9) nine-digit number assigned to a U.S. e entity or individual employer for state unemployment/payroll taxes. The Dept of Labor requires an EB-3 employer to conduct a recruiting process to fill the position by opening it to U.S. workers. One of the necessary recruitment steps is to place a job order with the state workforce authority (SWA)’s online website. It is required by majority of states that a U.S. Employer has a UIN to complete the online registration for the State Workforce Agency (SWA)’s job orders.
Our U.S. Company is a newly established business that might haven not filed tax returns yet. Will this be an issue for the EB-3 process?
U.S. Entity’s contact officer can leave that field blank for now if the entity has not filed tax returns yet. However, please note that in Phase II when filing the I-140 Petition, the U.S. entity will need to submit its recent federal tax returns (w/ all accompanying schedules) to prove the ability to pay the proffered wages.
Is there an issue if a familial relationship exists between the U.S. entity’s owners and the foreign worker?
The U.S. entity must demonstrate the existence of a bona fide job opportunity – that the job is available to U.S. workers, Meaning, that the Dept. of Labor will audit a case where the U.S. entity/individual employer has properly disclosed on the Form ETA 9089 that a familial relationship exists. Our law firm will provide guidance in how to respond to the Dept of Labor’s audit and send the U.S. entity’s contact officer more information on how to proceed.