EB-3: WHAT IS A LABOR CERTIFICATION (OR PERM) AND HOW TO OBTAIN YOUR GREEN CARD THROUGH IT?
While the plight of immigrant families separated at the U.S. border has drawn national attention, other policy changes by the U.S. Citizenship and Immigration Services (USCIS) have had a significant impact on South Florida employers. Many Immigration Attorneys are referring to these changes as “The Invisible Wall” or “The Other Travel Ban.”
The dream of working and residing in the United States is shared by many professionals around the world. To achieve this goal, there are different types of visas available, each with their own requirements and processes. One of these visas is the EB-3, also known as PERM or Labor Certification. Here, I will explain in detail this category and the role of labor certification in the Green Card acquisition process.
The EB-3 visa is intended for skilled and unskilled foreign workers who wish to pursue permanent residency in the United States. These categories include professionals with higher education degrees, workers with specific skills, and unskilled workers in demand occupations in the American job market.
For this visa category, it’s necessary to have a U.S. company willing to hire the foreign professional and undertake the entire labor certification process on behalf of the worker. In most cases, the process takes around a year and a half on average, although in some cases, it might take a bit longer. To qualify for the EB-3 visa, the foreign worker and the U.S. company need to meet certain criteria.
Labor certification is a crucial requirement for the EB-3 visa process. This certification is issued by the United States Department of Labor (DOL) and aims to ensure that the hiring of foreign workers does not harm American workers. Labor certification involves proving that there are no qualified workers available to fill the position and that hiring a foreign worker will not adversely affect the wages and working conditions of American workers.
The EB-3 visa and labor certification are essential parts of the process for foreign professionals who wish to work permanently in the United States. While the process can be complex and time-consuming, obtaining the EB-3 visa offers a valuable opportunity for those seeking to advance their careers in the United States. Moreover, the most interesting aspect of this type of visa is that it applies to various professions and diverse positions. This process can be pursued for directors, managers, analysts, and even cleaning professionals and nannies.
If you are considering this option, it’s important to seek professional guidance to ensure that you meet all requirements and follow the process correctly. It’s worth noting that the employer and the employee should have separate contracts with the immigration attorney, as each is responsible for paying half of the fees; it’s incorrect for only the foreign employee to bear the entire process cost. Additionally, it’s against the law to have an attorney or agency seek an American employee for the foreign employer.
* Carmen Arce is a renowned and highly respected immigration lawyer in the United States, with over 20 years of experience in her field. Her expertise and tireless dedication have made her a reference in the field of immigration law, helping countless people achieve their goals and fulfill their dreams of legally living in the U.S. Carmen leads Arce Immigration Law, which has a regular column in Skyline Magazine.
By Carmen Arce & Isabella Comprido for SKYLINE MAGAZINE
Carmen Arce is a board-certified immigration attorney at Arce Immigration Law, P.A. in Miami.
