What is the step-by-step process of immigration to the United States under the EB3 category?

Planning immigration to the U.S. under the EB-3 category requires assurance that the employer meets the necessary requirements. This article will help you understand what an employer should be like to ensure a successful immigration process. EB-3 is a category that provides the opportunity to obtain a green card, including for unskilled labor positions.

Who is the EB3 Category Suitable For?

The EB-3 category is one of the immigration pathways for those seeking to obtain a green card in the U.S. through employment. This category is suitable for three main groups of workers:

1. Professionals: This category includes individuals with a higher education degree (bachelor’s or higher) required to perform work in a specific field. For example, engineers, teachers, or accountants may apply under the EB-3 category if their profession requires a higher education degree.
2. Skilled Workers: This group includes workers with at least two years of experience in a specific field. The work experience must meet the requirements and be necessary to perform the specific job. Examples of skilled workers include electricians, carpenters, mechanics, and other specialists whose work requires specific skills and training.
3. Unskilled Workers: This subcategory includes individuals whose work does not require special education or significant experience. These positions usually require short-term training or none at all. Examples of unskilled jobs include service positions such as janitors, kitchen helpers, as well as farm or agricultural workers. Despite the lack of strict experience and education requirements, the employer must prove that there are no available U.S. citizens or residents for this job.

The EB-3 category offers the opportunity to obtain a green card not only for highly qualified professionals but also for those performing less professional but necessary work. However, it is important to consider that the process of obtaining a green card under this category requires someone willing to sponsor the worker and go through all the necessary stages of the immigration process.

The EB-3 process does not involve a temporary work visa but is aimed at obtaining a permanent green card. This means that the employer is required to offer permanent employment, not temporary or seasonal.

Job Requirements

To successfully navigate the immigration process under the EB-3 category, strict requirements for the offered positions must be met. These requirements are aimed at protecting the U.S. labor market and ensuring that the job offered to foreign workers truly requires their employment. Here are the key aspects that must be met:

1. Permanent Nature of the Job

The position offered by the company must be permanent, not temporary or seasonal. This means that the employer is obliged to offer long-term employment that is not dependent on the season or economic conditions. For example, if an organization is engaged in agriculture and needs workers only during the harvest season, such a position is not suitable for the EB-3 category. The job must be available year-round, and the company must guarantee that the position will exist on a permanent basis.

2. Employer’s Requirements Compliance

The person offering the job must demonstrate that the offered position requires specific skills, qualifications, or experience that correspond to one of the three EB-3 subcategories: professionals, skilled workers, and unskilled workers. For professionals, this may mean having a higher education degree, for skilled workers — at least two years of experience in a specific field, and for unskilled workers — minimal training or no need for specialized skills.

3. Absence of Available U.S. Workers

One of the most important requirements is proof that there are no available qualified U.S. citizens or permanent residents willing and able to perform the job. To do this, the employer must conduct a recruitment process in which the position must be offered on the U.S. labor market. They must prove that all reasonable efforts to hire U.S. workers have been made but were unsuccessful.

4. Compliance with Working Conditions

The salary, working conditions, and other aspects of the position must meet the standards set for similar positions in the region where the job is located. This ensures that the foreign worker will not receive a salary lower than U.S. workers in similar positions. The U.S. Department of Labor sets minimum standards for each position, and the employer is obliged to comply with these standards.

5. Employer’s Ability to Pay the Salary

The company must demonstrate its financial ability to pay the established salary throughout the immigration process and after its completion. This requirement includes proof that the organization has sufficient financial resources to pay the salary from the start of the process until the worker receives a green card and begins working. If the employer is unable to provide such evidence, their application may be denied.

6. Reality and Legitimacy of the Job Offer

U.S. immigration services also verify whether the job offer is real and legitimate. This means that the position should not be created specifically for a certain person, especially if they are related to the employer by family or business ties. It is necessary to show that the position exists independently of who applies for it and that it meets the real needs of the business.

Meeting these job requirements is a key factor in successfully navigating the immigration process under the EB-3 category. Companies offering jobs to foreign nationals must carefully prepare to meet all these conditions to minimize the risk of being denied a green card.

Main Stages of the Process

1. Prevailing Wage Determination

The first stage is determining the wage level that the employer must offer for the position. For this, the employer submits a request to the U.S. Department of Labor (DOL) to determine the so-called Prevailing Wage. This wage rate is established based on labor market analysis in a specific region and must correspond to the average wage for similar positions.

It is important to note that at this stage, the employer’s financial indicators, such as income or company turnover, are not considered. The main task is to establish what salary the employee should receive to meet the requirements of the EB-3 category.

2. Recruitment Process

Once the wage level is determined, the employer proceeds to the recruitment stage. This process involves attempting to find suitable candidates for the position among U.S. citizens or permanent residents. The employer is required to place job advertisements in relevant media, on job sites, and other sources to attract the maximum number of candidates. The Department of Labor requires the employer to provide evidence that all efforts to hire local workers have been made but were unsuccessful. If no qualified U.S. workers respond to the job, the employer can proceed to the next stage.

3. Labor Certification Application

If no suitable candidates are found during the recruitment stage, the employer submits a labor certification application to the Department of Labor. This application (form ETA-9089) contains detailed information about the position, wage level, recruitment results, and other aspects that confirm that there are no suitable U.S. candidates for the position. The Department of Labor conducts a detailed analysis of the submitted data and makes a decision on certification.

It is important to consider that the process of obtaining certification can take several months, sometimes more than a year.

4. Immigration Petition Filing

After receiving certification from the Department of Labor, the employer files a petition with the U.S. Citizenship and Immigration Services (USCIS). This petition (form I-140) contains information about the position, the worker, and the employer’s financial status. It is important to prove two key points: the necessity of the position and the employer’s ability to pay the established wage throughout the immigration process. USCIS checks whether the application meets all requirements and makes a decision on its approval or denial.

5. Final Processing and Approval

After filing the petition, the waiting process begins. At this stage, the employer and worker must be prepared for possible additional requests for documents or clarifications from USCIS. The waiting time may vary depending on the workload of immigration services and the specific situation. It is important to note that throughout this time, the employer must maintain financial stability and readiness to pay the salary established at the first stage. After final approval of the petition, the worker receives a green card and can start working in the specified position.

6. Visa Issuance and Entry to the U.S.

Once the petition is approved, the worker applies for an immigrant visa at the U.S. embassy or consulate in their country. This stage includes an interview, medical examination, and submission of all necessary documents. After visa approval, the worker can enter the U.S., obtain a green card, and start working in the offered position.

7. Green Card Issuance

The final stage is the issuance of the green card. After entering the U.S., the worker receives a temporary green card, which is then replaced by a permanent one after successfully completing all procedures. This document confirms permanent resident status and grants the right to live and work in the U.S. on a permanent basis.

Before starting the sponsorship process under the EB-3 category, the employer must be prepared to disclose their financial data over several years when the green card process reaches the final stage. It is important to carefully plan the immigration process and consider all possible challenges.