It’s no secret that hiring unskilled and low-skilled workers has been incredibly challenging and shows little signs of abating.
Employers have been forced to reduce hours, reduce services, or close locations.
Those with a full workforce enjoy a competitive advantage and a rare opportunity to increase market share simply by being open and available.
The EB-3 Program (Unskilled Workers Category) enables unskilled workers (occupations requiring less than two years’ training or experience) to enter the U.S. as Green Card holders with full-time, permanent employment.
The EB-3 is a permanent resident visa/green card.
The process takes a little longer than the temporary non-immigrant visas like the H-2B visa but it usually has a higher chance of approval and it is not temporary.
It involves the following steps:
Step 1: Permanent Labor Certification
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
Before the U.S. employer can submit an immigration petition (USCIS Form I-140) to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).
The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Prevailing Wage Request Filing
The ETA 9141 prevailing wage request form contains the position details (job title, duties, requirements, work location) and requests the minimum required wage from the Department of Labor (DOL).
Processing time is currently approximately 110 days. You can use our proprietary prevailing wage level calculator app to accurately predict the prevailing wage.
PERM labor certification recruitment for unskilled workers requires 2 print ads in the Major Sunday Newspaper, a 30 day posting with the State Workforce Agency, and an internal PERM Notice of Filing.
These recruitment procedures exist to ensure that employers are not depriving qualified U.S. workers of employment.
The Job Offer
The Employer offers the position to the foreign national, contingent on there being no qualified U.S. worker who will apply for the position in the subsequent recruitment.
ETA 9089 Labor Certification Filing
Once the recruitment period has ended, and there are no qualified U.S. workers who applied for the advertised position, the ETA 9089 PERM Labor Certification can be filed.
It is an online, attestation-based filing.
Step 2: I-140 USCIS Filing
Once the ETA 9089 is certified the I-140 petition for Immigrant Worker may be filed with USCIS.
Step 3: Consular Processing
As soon as the I-140 petition is approved by USCIS the foreign national will receive an email from the National Visa Center with instructions on what documentation to bring to the interview at the U.S. Embassy.
Once the foreign national receives the permanent residence visa they will be able to travel to the U.S. to start their permanent employment with the sponsoring organization.
- Not subject to a random lottery (like the H-2B visa) so it provides a more predictable flow of workers.
- Workers arrive as permanent residents, not temporary workers.
- It takes 18 months for first workers to arrive.
Immigration Office Solutions is a tech-enabled, turnkey provider of employment-based immigration services to foreign nationals and employers whose solutions help resolve labor shortages in industries across the United States.
Our innovative business model helps solve one of the critical challenges facing our economy while providing value to both employers and employees.
Our labor solutions not only help employers solve their staffing challenges but also helps them meet their own diversity goals.
Our HR team finds qualified foreign national workers to fill job openings at U.S. companies experiencing chronic labor shortages.
Our in-house and immigration team and affiliated immigration attorneys assist non-immigrant visa holders with adjusting their visa status in the U.S. from an eligible non-immigrant visa to EB-3 permanent residency Green Card as well as those living outside of the U.S. through the Consulate Process.
Our team of HR and Immigration professionals works closely with employers to prepare a strategy to help solve your unskilled and skilled worker shortages.
- Our team works with you to determine the types of workers that you need and the minimum requirements for each position.
- We then utilize our network of recruiters abroad to source and thoroughly vet qualified workers who meet your requirements.
- We prepare and file the appropriate immigration petitions on your behalf and follow up until they are approved
- We make sure that you understand the compliance requirements for each employee.
- We oversee the initial arrival of the workers to your workplace.
- We continue this process so that you always have a predictable supply of incoming workers.
- The position should be very difficult to fill.
- Ideally it should be a chronic shortage position.
- The first 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 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 Service.