It is no secret that Covid-19 greatly disrupted almost every aspect of our lives. Many lives were lost, jobs were lost, schools were shut down, business went under, people changed jobs, and some moved to new states. As US citizens attempted to grapple with their new realities, the government began implementing several new pieces of legislation with the goals of combatting the coronavirus and protecting American jobs during a difficult economic time period.
One such piece of legislation was the “Buy American and Hire American” Executive Order, which put new restrictions on hiring foreign workers. This made it more difficult for companies to hire foreign workers, particularly in the EB-3 visa category.
The EB-3 visa is a US visa available to skilled workers, professionals, and unskilled workers. It allows foreign nationals to live and work permanently in the United States. The wait time for an EB-3 visa can be quite long, as there is a backlog of applications. However, due to the recent changes in US immigration policy, the wait time has increased significantly.
This has caused many businesses in Florida to struggle, as they rely heavily on foreign workers in many industries. For example, the hospitality industry in Florida employs a large number of foreign workers. These workers are often hired on seasonal or temporary contracts. As a result of the changes to US immigration policy, many of these workers have been unable to renew their visas and have had to return home. This has created a shortage of workers in the hospitality industry, as well as other industries that rely heavily on these EB3 category workers.
Process for Hiring Foreign Workers in Florida
The PERM Filing:
The first step in hiring a foreign worker is to file a PERM (Program Electronic Review Management) application with the Department of Labor. The PERM application is used to determine if there are any qualified US workers who are able and willing to fill the position that the employer is looking to fill.
If the Department of Labor approves the PERM application, then the employer can move on to the next step in the process, which is filing an I-140 petition with USCIS (United States Citizenship and Immigration Services).
Filing an I-140 Petition With USCIS:
The I-140 petition is used to establish that the foreign worker is eligible for an immigrant visa. In order to file an I-140 petition, the employer must first obtain a labor certification from the Department of Labor.
The labor certification is used to establish that there are no qualified US workers who are able and willing to fill the position that the employer is looking to fill.
If the I-140 petition is approved by USCIS, then the foreign worker can move on to the next step in the process, which is applying for an immigrant visa.
Adjustment of Status or Consular Processing:
There are two ways to apply for an immigrant visa: through consular processing or adjustment of status.
Consular processing is when the foreign national applies for an immigrant visa at a US consulate or embassy abroad.
Adjustment of status is when the foreign national applies for an immigrant visa while they are already in the United States.
If the foreign national is already in the United States and they have an approved I-140 petition, then they may be eligible to apply for an immigrant visa through adjustment of status.
Once the foreign national has obtained an immigrant visa, they can then apply for a green card. The green card will allow them to live and work permanently in the United States.
Popular Positions That Are Open for Foreign Workers in Florida
There are many industries in Florida that rely heavily on foreign workers. Some of the most popular positions that are open for foreign workers in Florida include:
-Hospitality industry (hotels, restaurants)
-Construction
-Landscaping
-Farming
-Nannies
-Caregivers
-Housekeepers
-Cooks
-Servers
-Gas Station Clerks
-General Laborers
Benefits of Hiring EB3 Workers
There are many benefits of hiring EB3 workers. Some of the benefits include:
-They are highly skilled and experienced
-They have gone through a rigorous screening process
-They are dedicated to their work
-They can help fill positions that are in high demand
-They are extremely loyal and on average stay with the same company twice as long as others