EB-3 represents a significant avenue for obtaining permanent residency in the United States through employment. This preference category allows U.S. employers to sponsor their non-American employees for permanent residency, offering them the opportunity to live and work indefinitely in the U.S. Below is a detailed step-by-step guideline outlining the EB-3 application process:

Understanding EB-3 Categories:

EB-3 (PERM) applications fall into three main categories:

1. Professionals: Individuals whose roles necessitate at least a U.S. baccalaureate or its foreign equivalent degree, and who are recognized members of their professions.
2. Skilled Workers: Individuals who meet the educational, training, or experience requirements of the job opportunity, typically requiring a minimum of two years of relevant job experience or training.
3. Unskilled Workers: Individuals engaged in unskilled labor roles requiring less than two years of training or experience and not of a temporary or seasonal nature.

While the application process is largely similar across these categories, there are differences in the advertising aspect. Let’s delve into the step-by-step procedure:

Step 1: Formulate Job Duties and Minimum Requirements

This initial phase involves extensive collaboration between the attorney, employer, and employee to establish crucial job details. Key aspects include job title, duties, educational and experience requirements, location, and supervision details. The employer must align job requirements with DOL regulations, ensuring they reflect realistic business needs. Documentation of prior experience and education is essential, as changes to job details later may necessitate restarting the process.

Step 2: Program Electronic Review Management (PERM) Labor Certification

The PERM application, submitted to the Department of Labor (DOL), spans approximately 10-16 months. Key steps include:

• Requesting a Prevailing Wage Determination (PWD) from DOL.
  Conducting job advertisements and recruitment efforts to attract U.S. workers.
• Submitting the ETA-9089 PERM application to DOL upon completion of recruitment.
• Expect the PERM process to take about 8-9 months, with potential delays if audited.

Step 3: Form I-140 (Immigrant Petition)

Following DOL approval of the PERM labor certification, the employer submits Form I-140 to USCIS. This immigrant petition, filed on behalf of the foreign worker, typically garners a response in 6-9 months. Optionally, premium processing expedites this timeframe for an additional fee. USCIS may issue a Request for Evidence (RFE), potentially prolonging processing times.

Step 4: Wait for Priority Date to Become Current

Depending on visa availability, the next step involves monitoring priority dates and filing the I-485 application, if current.

Step 5: File I-485 (Adjustment of Status)

The I-485 application focuses on the employee’s eligibility for a green card and can be filed after I-140 approval or concurrently with it.

Step 6: Attend Biometrics Appointment

Expect a biometrics appointment notice approximately 1-2 months after filing the paperwork.

Step 7: Prepare for and Attend USCIS Interview

Around 12 months post-filing, the employer receives an interview notice. At the interview, the immigration officer reviews the green card application and associated documents.

Seek Legal Assistance

The processing times provided are approximate and subject to variation. While the process can be complex, seeking legal assistance can streamline the journey toward obtaining an EB-3 green card. For personalized guidance and support, contact Law Firm “L for Law” today. Our experienced immigration attorneys are ready to assist you in achieving your immigration objectives.