US Business Visas

EB-3 Immigrant Visas are available for skilled workers, professionals, and “other workers” as defined below:

• Skilled Workers: Foreign nationals whose job requires at least a U.S. baccalaureate degree or a foreign equivalent.

• Professionals: Foreign nationals who perform jobs that require at least a U.S. baccalaureate degree or a foreign equivalent.

• Other Workers: Individuals performing unskilled labor requiring less than two years of training or experience, not of a temporary or seasonal nature.

PERM Labor Certification Requirement

All EB-3 visa processes require a PERM Labor Certification. The EB-3 PERM Labor Certification process is intended to require employers to prove that they have made a good faith effort at finding qualified and willing U.S. workers before offering a full-time job to a foreign worker with Green Card sponsorship.

Regulatory Agencies

The PERM Labor Certification process is completed before the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

Four Steps of the PERM Process

U.S. law requires that U.S. employers complete a four-step process for obtaining lawful permanent residence (LPR or “Green Card”) visa status for a foreign worker:

1. Prevailing Wage Request: The employer requests a prevailing wage for the job from the DOL. The prevailing wage is an average salary for the job determined by the DOL, based on wage surveys and other statistical data. The wage varies based on the amount of experience, education, and skills required for the job.

2. PERM Foreign Labor Certification: The employer completes a PERM Foreign Labor Certification application before the DOL. This step requires an extensive recruitment process to determine if there are qualified U.S. workers available for the position. For professional positions, the employer must use three additional recruitment methods from a DOL list of ten options, such as job fairs, employer websites, and on-campus recruiting. Employers must maintain accurate and detailed records of all recruitment efforts, as the DOL frequently audits recruitment campaigns.

3. Form I-140 Immigrant Visa Petition: After successfully completing the PERM Foreign Labor Certification process, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This is the actual application to the USCIS for the foreign worker’s visa. USCIS may ask questions regarding the employer’s ability to pay the salary offered to the foreign worker, and the employer must provide financial documents such as tax returns, audited financial statements, or annual reports.

4. Adjustment of Status or Consular Processing: The foreign worker is eligible to file Form I-485, Application for Adjustment of Status, if the employer’s Form I-140 has been approved and a visa is available based on the waiting list for visas published by the Department of State’s monthly Visa Bulletin. The employee and their family may alternatively complete this step at a U.S. consulate abroad, referred to as Consular Processing.

Final Steps and Benefits

Once the PERM Foreign Labor Certification visa process is completed, the employee and their family will obtain Lawful Permanent Resident (Green Card) status in the United States. They will be authorized to live and work in the U.S. and will enjoy the same travel and employment benefits as other green card holders.