EB-3 Employment Based Permanent Residency

EB-3 Third Preference Skilled Workers, Professionals, and Other Workers For the EB-3 category, there are three different classifications of workers: Professionals; Skilled workers; and Other workers.

Professional workers are defined as individuals who possess a baccalaureate degree and are entering a job which requires a baccalaureate degree for the entry level.

Skilled workers include those who are entering jobs that require a minimum of two years of training or experience for the entry level. Other workers are those who are entering jobs that require less than two years of training or experience.

In the EB-3 category, all jobs require a job offer and must go through the labor certification process. https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

What are the steps  required to receive a green card based on employee sponsorship?

1)  A permanent residency (green card) application is filed by a company with the Department of Labor in which they prove that there are no US citizens available for the Job.
2)  After the approval by the Department of Labor, an I-140 application is submitted to US CIS  in which the company has to prove that it has the financial ability to pay the salary of the applicant.   The company submits financials such as tax returns and financial reports. (The I-140 application can be filed premium processing which provides an answer by US CIS within 14 business days.   However, we only recommend filing the case by way of premium processing if the company has strong financials proving that the company has the capability of paying the future salary of the applicant 
3)  Upon I-140 approval, the applicant will file form I-485 with supporting documentation if they are in legal status in the United States.   If the applicant is outside United States, the case is transferred to the National Visa Center in which the applicant needs to provide birth certificate, marriage certificate, police certificate and other identification documents depending on their specific country.
4)   The National Visa Center  upon receiving all the identification documents by the applicant will schedule an appointment at the US Embassy in the applicants home country.
5)   The applicant will need to get a medical exam by a certified doctor in their home country and bring all ID documents to the embassy to receive their 10 year permanent residency card.  
6)  After the applicant receives a 10 year permanent residency card, they can file for citizenship 4 years and 9 months from the issue date of the permanent residency card.

What is  required to receive permanent residence through employment?
Most applications for the EB-3 category are processed by companies requesting an applicant with a 4 year college degree or two years of skilled worker experience.

The US CIS section titled “Other workers” are usually maintenance/janitorial workers which are processed by large companies.These applicants do not need any prior experience as the job requires no past experience as a janitor/maintenance worker. Usually, companies with large factories file 50 or 100 perm applications at one time in order to process applicants for EB-3  other worker category.
   
Our Law Firm has over 20 years experience practicing exclusively immigration law in New York City.

If you have questions regarding this EB-3 process, please email us at:

info@lawapj.com (English)
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Andrew P. Johnson - Immigration Lawyer