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EB3 VISA UNSkilled
About the EB3 VISa
The EB-3 visa is Employment-Based Immigration for Skilled Workers / Professionals and other unskilled workers. If you are looking for reliable workers to meet your employment including unskilled needs for a certain time, this visa option is right for you.
The main feature is that the EB3 visa grants permanent residency (a green card) to qualified individuals. A candidate may be eligible for an EB3 visa if the candidate is a skilled worker, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year. The EB3 visa is a third preference employment visa.
In short, the EB-3 visa is designated for professionals of various levels, both the most qualified and the least qualified – and for the second type, the unskilled workers (unskilled workers), the visa is granted more easily. This does not mean that there are no criteria and that approval does not go through a meticulous process by the US Department of Labor, the DOL. Everything needs to be approved in advance and the company needs to go through some prerequisites, such as the stage called prevailing wage determination, in which the company proves that it has already tried to hire labor for that specific job, but unfortunately it has not been successful.
After having the visa granted the worker will stay up to 2 years with you. During this time the worker can NOT work for another employer or leave your employment without risking losing the visa status. Minimum wage per state (Salary)
The worker has a high interest to follow ALL visa rules as the candidate made an investment of around US$ 15,000 plus airfare before arriving at your company.
EB3 Visa - UNSkilled
THE "OTHER WORKERS"
The “Other Workers” subcategory is for persons performing unskilled labor requiring less than 2 years training, education, or experience, not of a temporary or Seasonal Nature. A great Visa option for Nurses.
Evidences:
You must demonstrate the ability to perform Unskilled Labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature..
You must be performing work for which qualified workers are not available in the United States.
You must meet any other requirements specified on the Labor Certification.
U.S. DEPARTMENT OF LABOR – LABOR CERTIFICATION
Third Preference Petitions must generally be accompanied by an approved, Individual Labor Certification from the Department of Labor on Form ETA-9089. In some cases, The Petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our Policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
For more information, see the Department of Labor: Foreign Labor Certification Page.
APPLICATION PROCESS
Your Employer (Petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the Application Process, your Employer must be able to demonstrate a continuing ability to pay the offered wage as of the Priority Date.
Your Employer may use an Annual Report, Federal Income Tax Return, or Audited Financial Statement to demonstrate a continuing ability to pay your wage.
HOW LONG IT TAKES
Overall, for applicants from countries other than India, China, and the Philippines, you can expect your EB-3 processing time to be about a year and a half to thre years. For Citizens of those three countries, the processing time may be much longer. Don’t hesitate to contact your Immigration Attorney to learn if there is a way to shorten this time.
FAMILY OF EB-3 VISA HOLDERS
If your I-140 Petition is Approved, your Spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (Spouse of a “Skilled Worker” or “Professional”) or EW4 (Spouse of an “Other Worker”). and E35 (Child of a “Skilled Worker” or “Professional”) or EW5 (Child of an “Other Worker”).
Sponsor Company
How does it work?
Our team will assist your company to be able to hire the staff from abroad. They will come for a minimum of 12 months. Always following the minimum requirements for the job position. You will decide how many workers you will hire. This is a perfect program for RN Nurses. They will come to USA with the NCLEX approved and within 6-12 months from the beginning of the process.
When will your company receive the employees?
The whole process can take from 12 to 18 months. But there is an option to accelerate the process at the employee's stage and cut it in 6 months. This possibility is called PREMIUM Process and at a certain cost, it is a possibility.
How long is the EB3 Green Card processing time?
The EB3 Green Card processing time can most times be from a low of 12 to 18 months. Since the EB3 visa Skilled Workers has an annual visa cap, the EB3 processing time can be quite long. Exception might be, if you are within the yearly limit, then your visa may be processed within a few months.
When should your company start the visa process?
Since the whole process takes up to 18 months in general, we strongly suggest your company to plan with an estimated arrival of the employees within 12 months or even plan with 18 months ahead of the time you would like to have the worker start working.
Can we get the staff sooner?
Yes, but you will need to go with a different visa program simultaneous with the EB3 program. J1 Trainee is a great choice, depending on the position, to bring qualified workers in up to 3 months to your company. And those workers would be able to train the other EB3 workers coming afterwards.
How certain is it that the visa will be approved?
Since this is a work based and sponsored visa, there are a few steps to be accomplished before the final application. The employer needs to be evaluated and approved to receive the employee from abroad, providing proof of financial health to pay all the proposal hires and all the required documentation in order to be accepted by the USCIS. When the employer is approved, the point to be proved is the employee and there are important steps to be verified, such as a deep
background check and a large list of documents to be shown and approved by the US Department of Labor in order for the employee to be accepted at the program. With all this, there is a chance that the process will be required to present more paperwork to get approved. It will not be rejected straight away. This process takes some time, but following all the steps it is a high chance of approval.
Do you have a solution to have an employee sooner?
Yes, we do. It is all about planning. Our proposal is to provide you trainees under the J1 visa. This visa has two options. Students enrolled in universities will come for an internship to return to their home country and finish their studies. Or it will bring graduated professionals with 5 years of work experience and that will be trained to become supervisors or managers. That is a visa with no cost for your company and the interns of trainees will be able to stay from 6 to 18 (max 12 in the field of Hospitality and Culinary) months with your company. The whole process can take from 3 to 4 months until the employee arrives at your company.
What is the strategy for the J1 Visa?
Your company can train and qualify the trainees to become leaders to train the EB3 visa holders.
They can also be enrolled at the EB3 VISA program and end up staying from 3 to 4 years at your company. And best of all, on both programs the regular salary will be based at the minimum wage of the state for the hiring position.
employer requirements
Minimum requirements from the employer side
● Annual Gross of US$ 186,000
● Business already established for min 2 years
Workflow from the employer (checklist):
● Sign with our team to assist with your EB3 process
● Provide the necessary documents
● Create the ad at the newspaper and post it for 2 sundays
● Evaluate and select the candidates provided by our team if you do not have already possible candidates in mind
● Job Interview and Job offer to the selected ones
Information/documents to be provided by the US
employer
● Correct legal name of business
● Federal Employer Identification Number (FEIN) or SSN for small business
● Official business address
● Official business phone and email
●Name and title of person recruiting/authorized to sign government forms
● Year business began
● Number of full-time employees at the location of work
● Gross and net annual income
● General business description
● North American Industry Classification (NAICS) number