EB-3 Process
The EB-3 Unskilled program is part of the Immigration and Nationality Act (the Act) amended in the year 1990. This program allows 10,000 people from around the world to get a green card to come, live and work in the United State as a permanent resident. You may read the complete act at the United States Department of Justice or the summary at the official Congress website.
The US labor market has severe shortages and according to the US Chamber If every unemployed person in the country found a job, we would still have 4 million open jobs. This gives you an opportunity to come and work in the US as a permanent resident.
There are five steps involved in the process.
1
Prevailing Wage Determination (PWD)
The Prevailing Wage Determination (PWD) is a critical step in the EB-3 process. It involves requesting the U.S. Department of Labor to determine the standard wage for the offered position based on job title, duties, and location. The PWD ensures that the wage meets or exceeds the average wage for similar roles in the U.S., helping maintain fair compensation for both U.S. and foreign workers.
2
Permanent Employment Certification (PERM)
Once the employer receives the Prevailing Wage Determination (PWD), the next step is to file for the Permanent Employment Certification also known as PERM or labor certificate (LC). The PERM approval time varies but additional time may be required if the employer's application is selected for audit.
3
Immigrant Petition for Alien Workers I-140 Filing
Once PERM has been certified, the Immigrant Petition for Alien Workers Filing, also known as I-140, is filed with the U.S. Citizenship and Immigration Services (USCIS). The I-140 filing process can be expedited by paying a premium processing fee of $2805 in addition to the regular I-140 filing fee.
4
Consular Processing or Adjustment of status
Once I-140 has been approved the next step is to file for Application for Immigrant Visa and Alien Registration (Form DS-260) for applicants outside of the US doing consular processing. The national visa center also known as NVC processes the application and sends it to the local US Embassy of the applicant. The applicant is called for an interview at the local US Embassy and issued an EW3 immigrant visa. Once the applicant arrives in the US, the green card is mailed to the address provided at the time of landing.
Applicants already present in the US on a non-immigrant visa can file for Application to Adjust Status (Form I-485), EAD (application for employment authorization I-765) and travel documents (I-131). The Adjustment of status also known as AOS are rarely called for an interview and therefore application takes less time to process.
5
Arrival to the US
Once the applicant arrives in the US, he must start the job with the sponsor as soon as possible.
Family of EB-3 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in EW4 (spouse of an “other worker”), and EW5 (child of an “other worker”).