As an immigration attorney, here is my take on Trump Immigration Plan for the ...
May 20, 2020
The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.”
This employment-based visa is for those seeking to enter the United States to take up employment that requires either…
The Green Card holder’s legal spouse may come to the U.S. via either E34 (“skilled” worker) or EW4 (“other” worker) visas. Minor children (who must be under 21 and unmarried) are typically admitted via E35 (“skilled”) or EW5 (“other” worker)
While the process of applying for permanent residency is ongoing, the spouse may apply for an Employment Authorization Document (EAD), which lets them work freely in the country.
The EB3 sets a lower standard than other Green Cards, such as the EB2, and so is less scrutinized less closely. However there is often a waiting list for approval.
Most EB3 applications cannot be adjusted from temporary (non-immigrant) visas until the petitioner’s priority date becomes current. This date is set when the Labor Certification Process is started (see below).
The employer must:
The three routes to qualification are…
Each EB3 petition requires that the PERM Labor Certification process be followed.
PERM is where the U.S. Department of Labor (DOL) requires that the prospective employer test the market to establish that there are no willing or qualified workers already legally in the United States who can fill the position.
This process also requires a Prevailing Wage Determination which typically involves…
It is vital that the employer conduct and record all actions carried out during this process. The employer is strongly advised to work with the advice and guidance of an experienced immigration attorney.
In certain exceptional cases (Schedule A, Group I) a petition may be submitted directly to USCIS without a labor certification. We can advise on this.