By:  Coleman Jackson, Attorney
Date:  October 11, 2022

ELEGIBILITY
SKILLED WORKERS	PROFESSIONALS	UNSKILLED WORKERS
Worker must have 2 years of job experience or training	Worker must have US bachelor’s degree (or its foreign degree) related to the occupation	Worker must be able to perform unskilled labor (less than 2 years of training or experience)
Not temporary	Qualified workers are not available in USA	Not temporary
Post-secondary education may be considered as training	Labor certification	Qualified workers are not available in USA
Qualified workers are not available in USA	Full-time job offer	Labor certification
Labor certification		Full-time job offer
Full-time job offer

EB-3 Skilled workers, entry-level professionals and unskilled workers visa is the third preference business visa as described in Immigration and Nationality Act (INA).  Employers who desire to bring foreign workers to the United States under this category of visa must first obtain a labor certification from the United States Department of Labor (DOL) stating that they cannot find any qualified, willing and able U.S. citizens or green card holders to do the job.    The second step an employer must take is to file Form I-140 with United States Citizenship & Immigration Services (USCIS) if the labor certification is approved.  Employers bringing in professional nurses and physical therapist are exempt from obtaining DOL labor certification.

Finally, the third step a sponsoring employer must take: Upon approval of the preliminary petition by USCIS, the employer must notify the intending worker to apply for an EB-3 visa at the counselor’s office or, in the event the intended worker is already lawfully inside the United States and is eligible to adjust status, the worker must file Form I-485 to adjust status to permanent resident of the United States.  The EB-3 visa is a permanent visa and can ultimately lead to naturalization.

Step by Step to EB-3 Skilled Worker, Professional and Unskilled Worker’s Visa

Step 1.  OBTAIN THE PERMANENT LABOR CERTIFICATION:

This certification allows the employer to hire a foreign worker to work permanently in the United States. The Department of Labor must certify to 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.

• APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION is filed with the U.S. Department of Labor on – ETA Form 9089
• Approval validity is 180 days
• Denied certification means You are done. You cannot lawfully hire the worker(s).

Exception to DOL Labor Certification:

SCHEDULE A OCCUPATIONS (DOL has pre-certified the following occupations, which means that the certification form is sent to USCIS rather than to DOL.)

• Group I – physical therapists and professional nurses; and
• Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.

Step 2. FILE A PRELIIMINARY PETITION FOR PERMANENT FOREIGN WORKER WITH USCIS:

Employer Due Diligence:  Obtain competent counsel, if you have not already done so since legal matters are rarely as simple as they may seem. This blog is written in simple terms to attempt to communicate to a broad audience.

• Read the instructions for Form I-140, Immigrant Petition for Alien Workers;
• Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL), if required for the specific visa category;
• Complete and sign Form I-140;
• Pay the filing fee, if applicable;
• Provide all required evidence and supporting documentation; and

File all appropriate forms and evidence with the appropriate office of USCIS.  Currently, the regular USCIS filing fee for Form I-140 is $700 and the current premium processing fee is $2,500.

Step 3. WAIT PATIENTLY FOR PROCESSING:

CATEGORY AND PROCESSING TIMES

CATEGORY AND PROCESSING TIMES
CATEGORY	NEBRASKA	TEXAS
Schedule A Nurses	14 months	14 months
Skilled Worker (E31)	17 months	17.5 months
Professional Workers (E32)	17 months	17.5 months
Unskilled Worker or Other Worker (EW3)	12.5 months	17 months

Note:  USCIS processing times varies and may be more or less than these processing times for the EB-3 Visa currently.  There are many factors that could impact processing times and therefore work force and company overall human resource planning is required.

Finally, EB-3 workers may separately file petitions for their spouse and children who are under 21 years of age and unmarried.  Their children can enroll in American schools and their spouse can apply for a work permit.

The main thing to see here is that although the EB-3 skilled worker, professional and unskilled worker’s visa may take awhile to get, it is a clear path to see opportunities for hardworking foreign workers ranging from those working in the professions to those with some skills to those working on jobs that require little to know formal schooling and training at all.  All can begin again and make new lives in the United States since this visa leads to permanent residency.

 

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

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