AnaMaria Rivera Law Firm
Attorney EB3 Visa
At AnaMaria Rivera Law Firm, we are here to guide you through the complex PERM Labor Certification process and obtaining the EB-3 visa, facilitating your path to a successful life and career in the United States.
The Permanent Labor Certification (PERM) is an essential requirement for certain types of employment-based visas, including the EB-3 visa. This process is administered by the U.S. Department of Labor (DOL), and its primary purpose is to protect U.S. workers and the U.S. labor market by ensuring that no qualified U.S. workers are available for the position offered to the foreign worker.
Steps and Process Time to EB-3 Visa
1.
Prevailing Wage Determination
The employer must request a prevailing wage determination from the DOL for the specific job position in the location of employment.
2.
Recruitment
The employer must conduct a recruitment process to test the U.S. labor market, including advertisements in newspapers, job websites, and other relevant media.
3.
Labor Certification Application (Form ETA-9089)
If no qualified U.S. workers are found, the employer can submit Form ETA-9089 to the DOL.
4.
DOL Review
The DOL reviews the application to ensure compliance with all regulations. If approved, the labor certification is issued.
The PERM processing time can vary but generally takes between 6 to 12 months from submission to approval.
Required Documentation to EB-3 Visa
Detailed job description and position requirements.
Evidence of recruitment activities conducted.
Proof that no qualified U.S. workers were found for the position.
Prevailing wage determination issued by the DOL.
Detailed job description and position requirements.
Evidence of recruitment activities conducted.
Proof that no qualified U.S. workers were found for the position.
Prevailing wage determination issued by the DOL.
Eligibility Criteria for EB-3
The EB-3 visa is intended for:
Skilled Workers
Those with at least two years of job experience or training.
Professionals
Those with a bachelor’s degree.
Other Workers
Those performing unskilled labor requiring less than two years of experience or training.
Application Process for EB-3 visa
- Labor Certification (PERM)
Obtain an approved labor certification from the DOL. - Immigrant Petition (Form I-140)
The employer files Form I-140 with USCIS on behalf of the worker. - Adjustment of Status or Consular Processing
If the I-140 is approved, the worker can apply for adjustment of status if already in the U.S. or proceed with consular processing if outside the country.
Permanent Residency
The EB-3 visa provides a direct path to obtaining permanent residency in the United States.
Employment Opportunities
Allows skilled workers and professionals to access advanced job opportunities in the United States.
Family Stability
Spouses and unmarried children under 21 can obtain permanent residency along with the primary applicant.
Frequently Asked Questions about EB-3 visa
It generally takes between 6 to 12 months from submission to approval.
If a qualified and available U.S. worker is found, the labor certification cannot be granted.
It is advisable to remain with the sponsoring employer for a reasonable period after obtaining permanent residency to avoid issues with USCIS.
