EB-3 APPLICATION PROCESS
The steps involved in the EB-3 process can take varying amounts of time:
1. U.S. employer must define the duties and minimum requirements of the permanent position offered to the foreign national.
2. Submit a Prevailing Wage Determination to the Department of Labor (DOL). DOL will determine the minimum wage that the sponsoring employer must pay the foreign national.
3. DOL requires the employer to test the U.S. labor market by advertising its position and making it available to U.S. workers. The purpose of this stage is for the employer to determine that no qualified, willing U.S. workers were found for the position offered.
4. After the recruitment effort ends, the employer can file a Labor Certification application for the foreign worker with DOL.
1. After the PERM/Labor Certification has been certified by DOL, the second step is for the employer to file the Immigrant Petition (I-140) with USCIS. The purpose of the petition is to prove that the foreign national is qualified to fill the position as well as to prove that the employer has the financial ability to pay the proffered wage to the foreign national. USCIS can take several months to adjudicate the petition. However, upon payment of additional fees, USCIS can adjudicate the petition via Premium Processing within 15 calendar days.
2. USCIS may approve or deny the petition or it may request more information (RFI); in that case, the employer needs to present additional evidence to support the eligibility.
The final step in the process happens after USCIS approves the I-140 petition. The foreign worker may follow one of two procedures to obtain their Green Card:
a) If the worker is already in the United States with a valid status and an immigrant visa is available, he/she can file an Adjustment of Status application. The foreign worker can apply for employment authorization (I-765) and work while the case is pending.
b) If the foreign professional is not in the United States, he/she applies for an EB-3 immigrant visa at a U.S. Consulate abroad once a visa is available.