Employment-Based Immigrant Visas are available for Unskilled Workers, Skilled Workers, and Professionals under the EB-3 or Third Preference. An offer of employment from a U.S. employer and a Labor Certification is typically required, with some exceptions. Considerations include:
1. Immigrant Visa Availability: The EB-3 Preference is commonly backlogged, meaning there is or may be a wait time for the availability of an Immigrant Visa. The U.S. Department of State (DOS) issues a monthly Visa Bulletin indicating Immigrant Visa availability and can be viewed for free on the DOS website. Currently, for April of 2016, the backlog for an EB-3 Immigrant Visa is very short, at approximately one (1) month only. Therefore, now is an excellent time to start the Sponsorship Process for those who have an offer of employment from a U.S. Employer.
2. PERM Labor Certification: The U.S. Employer/Sponsor will most likely have to undertake the Labor Certification process and prove to the U.S. Department of Labor (DOL) that there are either no qualified or willing U.S. workers to fill their job vacancy.
3. Prevailing Wage: The U.S. Employer/Sponsor must agree to pay the foreign worker the prevailing wage for the occupation and locality as determined by the U.S. Department of Labor (DOL).
4. EB-3 Petition: In most circumstances, a U.S. Employer/Sponsor needs an approved Labor Certification to file the EB-2 Immigrant Visa Petition on behalf of a Foreign Worker.
If you are a U.S. Employer and are interested in hiring a foreign worker or if you are a foreign worker with an U.S. Employer/Sponsor, please schedule a Consultation with Serianni Law to discuss the legal requirements and filing procedures. Also, Contact Us for free initial information and pricing.