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Adhikari Law PLLC

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Home | Immigration (Employment & Family) | Employment Based Green Cards | EB-3 Green Card

EB-3 Green Card

Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

  • “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
  • “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. The education and experience may not be substituted for a baccalaureate degree.
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Third preference petitions (EB-2) generally be accompanied by an approved, individual Permanent Labor Certification (PERM) from the Department of Labor (DOL) on Form ETA-9089 for a full-time position. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A occupation such as Physical Therapists; Professional Nurses; Person with Exceptional Ability in the Sciences or Arts; Person with Exceptional Ability Performing Arts.

Labor Certification will have to show that:

  • qualified and the willing U.S. workers are not available.
  • that the Sponsoring organization will have to offer a permanent full-time job.
  • Foreign national is qualified for the position at or before the time Labor Certification is filed.

Some other requirements of Permanent Labor Certification:

  • The job requirements for the offered position must represent the employer’s actual minimum requirements for the job opportunity.
  • The employer must not have hired workers with less training or experience for jobs substantially comparable to that involved in the job opportunity.
  • If the foreign-national beneficiary is already employed by the employer, in considering whether the job requirements represent the employer’s actual minimums, DOL will review the training and experience possessed by the foreign-national beneficiary at the time of hiring by the employer, including as a contract employee.
  • In evaluating whether the foreign-national beneficiary satisfies the employer’s actual minimum requirements, DOL will not consider any education or training obtained by the foreign-national beneficiary at the employer’s expense unless the employer offers similar training to domestic worker applicants.
  • Foreign-national beneficiary was qualified for the offered full-time job at or before the time Labor Certification is filed.

[A “substantially comparable” job or position means a job or position requiring performance of the same job duties more than 50 percent of the
time. This requirement can be documented by furnishing position descriptions, the percentage of time spent on the various duties, organization charts, and payroll records.]

————————————————————————————————–

If you or your employer want to learn more about this topic or about our legal services for the preparation and the filing employment-based green card application do contact us at (+1) 202 600 7745, or email us at info@adhikarilaw.com

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Recent Posts

  • A federal class action suit filed on OPT delays and rejections by USCIS February 18, 2021
  • USCIS will begin H-1B Electronic Registration from March 9th through 25th for the 2021 lottery and it delayed the implementation of new rule February 4, 2021
  • Department of Labor announces delay in Effective Date of Final Rule affecting Prevailing Wages for H-1B, H-1B1, E-3 and PERM Workers February 1, 2021
  • ICE announces extension to I-9 compliance flexibility until March 31, 2021 January 27, 2021
  • Biden Administration Introduces bill, The US Citizenship Act of 2021, seeking to reform U.S. immigration system January 25, 2021
  • U.S. Department of Labor Issues Final Rule to Reform Prevailing Wages For Foreign Worker Programs January 12, 2021
  • Trump Administration extends immigration bans till March 2021 December 31, 2020
  • Liberian Refugee Immigration Fairness (LRIF) filing deadline Extended December 31, 2020

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