The EB-3 program falls under the employment-based immigration category and is designed to address the shortage of qualified workers in the United States.
It offers a chance for foreign workers to obtain permanent residency by securing employment opportunities in the U.S.
To qualify for the EB-3 program, foreign workers typically fall into one of three subcategories:
- EB-3A: Skilled Workers
This category is for individuals with at least two years of job experience or training in a skilled profession.
- EB-3B: Unskilled Workers
It is reserved for positions that require less formal education or training but are still necessary for the U.S. economy.
- EB-3C: Other Workers
This category is for unskilled labour that may not require any specific skills or experience.
The Role Of EB-3 PERM Lawyers
EB-3 PERM lawyers are legal professionals with expertise in immigration law and the specific regulations governing the EB-3 program.
They are pivotal in guiding foreign workers and U.S. employers through the program’s intricacies. Here are the key responsibilities and roles of EB-3 PERM lawyers:
- Legal Expertise
EB-3 lawyers are well-versed in U.S. immigration law and understand the nuances of the EB-3 program, ensuring that foreign workers and U.S. employers follow all regulations and requirements.
- Preparing Labor Certification Application (PERM)
The first step in the EB-3 process is filing a PERM labour certification application with the U.S. Department of Labor (DOL).
EB-3 lawyers assist employers in preparing and submitting this critical application, which involves demonstrating that there are no available and qualified U.S. workers for the position.
- Employer Compliance
Attorneys guide U.S. employers through the various requirements for hiring foreign workers, ensuring they adhere to legal obligations, such as prevailing wage determinations and the recruitment process.
- Documenting Job Qualifications
EB-3 PERM lawyers help foreign workers gather and present the necessary documentation to demonstrate that they meet the qualifications required for their specific job category within the EB-3 program.
- I-140 Petition
After obtaining the labour certification from the DOL, EB-3 lawyers assist in filing the I-140 petition with U.S. Citizenship and Immigration Services (USCIS).
This is the second step in the EB-3 process and is critical in demonstrating that the foreign worker is eligible for the program.
- Visa Processing
Once the I-140 petition is approved, foreign workers must undergo the visa processing stage to obtain lawful permanent residency.
EB-3 PERM lawyers help foreign workers navigate this process efficiently and effectively.
The EB-3 Employment-Based Immigration program provides foreign workers and U.S. employers a valuable opportunity to secure permanent employment-based immigration in the United States.
However, the program’s complexities and legal requirements necessitate the assistance of experienced EB-3 lawyers.