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What is an EB-3 skilled workers petition?

By January 5, 2022Immigration, PERM
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An EB-3 skilled workers petition is a green card petition that is filed for a foreign worker for a job that requires at least 2 years of job experience, education or training. Post-secondary education in a relevant field can be considered as training. To get a green card in the EB-3 skilled workers category, the foreign worker must be sponsored by a U.S. employer for a permanent, full-time position in the U.S. The U.S. employer will need to go through the PERM process and test the labor market to ensure there are no willing, qualified and available U.S. workers for the position.

What kind of jobs qualify for a skilled worker petition?

A job that requires at least 2 years of job experience, education or training can qualify for a skilled worker petition. Many types of jobs can qualify for skilled worker petitions, including jobs that require degrees. For example, if you have a 3 year degree and this is a minimum requirement for the U.S. job, you would not qualify for the EB-3 professionals category, which requires a U.S Bachelor’s degree or foreign equivalent, however you would qualify in the EB-3 skilled workers green card category.

What are some challenges with skilled worker petitions?

EB-3 skilled worker petitions are sometimes utilized for foreign workers who have qualified for an H-1B visa based on education and/or experience that is equivalent to a U.S. Bachelor’s degree rather than having a U.S. Bachelor’s degree or 4-year foreign equivalent degree. If you are an on H-1B visa based on experience or a combination of education & experience that is equivalent to a U.S. degree and your employer wants to sponsor you for a green card, it is important to work closely with your immigration attorney. This type of case can present difficulties due to differing standards between U.S. Citizenship & Immigration Services and the U.S. Department of Labor in how they treat degree and experience equivalencies.

What types of nonimmigrant visas are available to foreign workers while they wait for the green card process?

Depending on the foreign worker’s situation, there are many types of work visas that could allow them to work in the U.S. These visas include the H-1B, L-1, E-2, E-3, O-1 & TN, among others.

What is the process to get the green card once the Labor Certification is approved?

Once the Labor Certification is approved, the employer can file the I-140 petition with U.S. Citizenship & Immigration Services. This petition must include evidence that the company has the ability to pay the prevailing wage and evidence that the foreign worker meets all the requirements listed in the Labor Certification. If an immigrant visa is available and the foreign worker is in the U.S. in a visa status that allows for adjustment of status, they can concurrently file a green card petition (Form I-485) with the I-140. If the foreign worker is outside the U.S., they will need to wait until the I-140 is approved, and then they can proceed with a green card application at a U.S. Consulate abroad, as long as an immigrant visa is available in the skilled worker category.

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