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Frequently Asked Questions
What is the EB-3 Visa and Who is it for?
The EB-3 is an employment-based visa program designed to help U.S. companies maintain optimal staffing levels by allowing them to fill full-time, permanent positions with qualified foreign workers. This program facilitates the transition of workers in occupations that require less than two years of training or experience to permanent resident status in the U.S.
Additionally, the EB-3 program includes two other categories aimed at different groups: Skilled Workers, who must have at least two years of training or experience, and Professionals, who must possess a U.S. bachelor’s degree or its foreign equivalent.
What Types of Companies Qualify?
The Position
• The position should be very difficult to fill.
• Ideally it should be a chronic shortage position.
• Thefirst step of the process (PERM) requires the employer to advertise the position to U.S. workers.
• If no qualified U.S. workers apply, then the employer proceeds.
• If enough qualified U.S. workers apply and want the position, then the process stops.
• The position must be full time and non-seasonal.
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Ability to Pay the Offered Wage
• The employer must be able to show that they can pay the offered wage.
• This is most easily accomplished by presenting the most recently filed Company Federal Tax Return or Audited Financial Statement.
• USCIS looks at Net Income or Net Current Assets from Schedule L.
• In a case where the prospective United States employer employs 100 or more workers, USCIS may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage.
• In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Servicet
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How Much Does it Cost?
Employer:
The employer is responsible solely for covering the expenses associated with the first step, the PERM Labor Certification Advertising (Costs vary by State). The PERM Labor Certification Advertising consists of o 2 Sunday Newspaper Ads, the SWA (State Workforce Agency) 30 day posting.
Our team works with professional PERM advertising agencies who will manage the placement of the PERM ads on the employer’s behalf.
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Applicant:
The applicant pays for service fees, USCIS application fees, consulting fees. The company may contribute with some or all fees but is not legally obliged to. Payment plans are offered.
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What Documentation is Required from the Employer During the Eb-3 Visa Process?
Employers need to provide various documents including the job description, proof of business necessity, financial statements to prove their ability to pay the proposed wage.
How Long Does it take for the Worker to Arrive?
The initial group of workers will arrive approximately 24 months after the commencement of the process. Subsequent arrivals will experience considerably shorter processing times. The idea is to keep a predictable and steady supply of workers arriving per your staffing requirements.
What are the Employer's Obligations after the Workers arrive in the U.S?
The employer must ensure that the worker is paid at least the prevailing wage specified in the labor certification and must comply with all employment laws.
What Happens if the Job Situation Changes after the Visa is Issued?
If significant changes occur, such as the job being eliminated or the terms of employment changing substantially, it might affect the worker’s immigrant status.
An employer is not obligated to retain a worker if the employment relationship is not satisfactory, and the process for terminating an EB-3 visa holder generally follows the same procedures as terminating a U.S. citizen employee.
Can the Employer Sponsor Family Members of the EB-3 Visa Holder?
While the employer does not sponsor the family members, the primary EB-3 visa applicant can include their spouse and unmarried children under 21 in their application for derivative status.