Applying for Lawful Permanent Residency (Green Card) Through EB-3 Preference Category

Jioselin Juarez • May 13, 2022

Click here to read this article in Spanish

    The EB-3 Immigrant Visa process allows a U.S. company to sponsor a foreign national for a green card through an employment offer. During the EB-3 Immigrant Visa process the U.S. sponsor (also referred to as U.S. employer) will submit information to the Department of Labor and United States Citizenship and Immigration Services. Most importantly, a professional, skilled, or unskilled position qualifies for an EB-3 Immigrant Visa.

The EB-3 category includes:
Professionals: Are positions which require a bachelor’s degree or its equivalent. This can include Accountant, Lawyer, Teacher, or Engineer.

Skilled Workers: Are positions which require at the minimum two years of work experience or training. Potential positions that can classify boilermaker, electrician, or chef.

Other Workers: The other workers category are positions where an individual performs unskilled work. This type of work can require two years or less of experience or training. Potential positions that can classify bakers, bartender, childcare worker, cashier, or gardener.

What is the EB-3 Process Like for the U.S. Sponsor & Foreign National?
  1. Step One: The U.S. sponsor must complete the labor certification process called PERM with the U.S. Department of Labor (DOL). Labor certification includes a prevailing wage application (which provides the salary amount), recruitment of U.S. workers (through different recruitment media avenues), along with the certification of the PERM application. Step 1 can range from 1 year to 1.5 year.

  2. Step Two: After the approval of the Labor Certification (PERM), the U.S. sponsor must file an I-140 Immigrant Petition with United States Citizenship & Immigration Services (USCIS). Step 2 can range from 15 calendar days to six months.

  3. Step Three: Final step, after approval of I-140 Immigrant Petition from USCIS, the foreign national must submit their I-485 application for permanent residency (green card). Along with their I-485 application for permanent residency (green card) an individual can apply for an employment authorization card (I-765) and advance parole (I-131). Step 3 can range from six to eight months.
Please contact Santos Lloyd Law Firm P.C. for an EB-3 consultation. We are happy to assist you in your EB-3 process.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

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