EB-3 Based on PERM (Professionals, skilled workers and other workers)

For individuals seeking U.S. permanent residency through employment, the EB-3 visa category provides an option for professionals, skilled workers, and other workers. This preference category necessitates an approved Labor Certification from the Department of Labor (DOL) as a prerequisite for the Petition for Alien Workers (Form I-140).

Eligibility Criteria and Requirements

• Skilled Workers: Applicants must have a minimum of 2 years of job-related training or experience which is not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity, and the role must be for permanent, full-time employment.
• Professionals: Candidates are required to have at least a U.S. bachelor’s degree or its foreign equivalent, which is a standard requirement for entry into the profession. The job must be in a profession that typically requires a degree, and substitutions of education or experience for a degree are not permitted. The position offered must also be permanent and full-time.
• Other Workers: This subcategory is for individuals who can perform unskilled labor that requires less than 2 years of training or experience, in roles that are not of a temporary or seasonal nature. The job must be permanent and full-time.

Labor Certification Process

The application process involves obtaining a Labor Certification on Form ETA-9089 from the U.S. Department of Labor. This certification must confirm that there are no qualified U.S. workers available for the position and that the employment of a foreign worker will not adversely affect the wages and conditions of U.S. workers in similar roles.

Documentation Required

Evidence to support the EB-3 visa application must include:

• Proof of meeting the educational and/or experience requirements specified in the labor certification.
• A permanent, full-time job offer from the employer.

Employer’s Responsibility and Ability to Pay

The sponsoring employer must demonstrate a continuous ability to pay the offered wage from the priority date. This can be shown through annual reports, federal income tax returns, or audited financial statements.

How Croce & Associates Can Assist:

Croce & Associates offers comprehensive support for EB-3 visa applicants, including:

• Reviewing the applicant’s CV and immigration history to ensure they meet the visa requirements.
• Coordinating between the employer and the beneficiary to manage PERM requirements.
• Preparing and filing the necessary documentation for the PERM Application and Form I-140.
• If approved, assist with the filing of an Adjustment of Status or the DS-260 for consular processing.

For more detailed assistance or to schedule a consultation, please contact us at info@crocelegal.com or call 786-200-3088. Our team is dedicated to guiding clients through the EB-3 visa process efficiently and effectively, ensuring compliance with all regulatory requirements.