OVERVIEW OF THE EB3 PROGRAM

Every fiscal year, approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

  • EB-1: Priority Worker and Persons of Extraordinary Ability
  • EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
  • EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

  • EB-4: Certain Special Immigrants

  • EB-5: Immigrant Investors

The most common program applied for in general is the Employment-Based Immigration – Third Preference, the EB-3 Program. The EB3 Program includes three subcategories: Skilled Workers, Professionals and Other Workers.

You may be eligible for EB-3 if you are a skilled worker, professional, or other worker.

  • “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
  • “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
  • The “other workers” or the “Unskilled Workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Mercan, together with our partner law firms in the U.S., will provide professional legal services in respect of all matters relating to the applications for permanent residence of the applicants, including a review of each case to make sure it is suitable for an EB-3 Consular Interview filing.

GOVERNMENT FEES

  • Form I-140 Filing Fee: US$ 700
  • Optional Premium Processing Upgrade: US$ 2,500
  • National Visa Center Fee per person (for Visa): US$ 345
  • USCIS Immigrant Fee per person (for Green Card): US$ 220

PROCESS AND TIMELINE

    1. Interested applicants fill out the form below.
    1. Client is screened for eligibility to apply for Permanent Residence in the USA.
    2. Client is paired with a qualified employer. Interviews will be conducted by employer to ensure suitable fit.
    3. Employer provides job offer to client and client accepts.
    4. Employer application for Labor Certification through Program Electronic Review Management (PERM, Form 9089) is filed by OUR US IMMIGRATION LAWYER with the Department of Labor.
    5. After the PERM approval, Immigrant Petition for Alien Worker (form I-140, and if applicable, Application to Register Permanent Residence or Adjust Status (I-485 if applying from within the USA) is filed by OUR US IMMIGRATION LAWYER with USCIS (Premium Processing can be an option).
    6. After I-140 approval, Client pays for US Visa Fees and USCIS Immigrant Fee, OUR US IMMIGRATION LAWYER submits Client’s Application for US Visa.
    7. The applicant is interviewed by the US Consulate Office in the country of their origin or current residence.
    8. If approved, Permanent Resident Visas are issued to the applicant and his family members.
    9. Once Permanent Resident Visas are issued, applicant arrives in the USA, obtain green card, social security number (SSN) and begin working for the Employer.

What EB-3 program Category is suited for applicants who do not possess education or work experience?

The EB3 program Unskilled Workers Category is best suited for applicants who do not possess education or work experience as this category does not require any work experience, language testing and educational attainment. Through this program, you will arrive in the US with a permanent, full-time job and permanent residency for you and your family. You will also be able to include your spouse and unmarried children below the age of 21 in your application. They will then be able to work and study in the US as Green Card holders.

Make your American Dream come true

After applying, one of our representatives will contact you to give more details about the US EB-3 program and the next steps.

FAQ

Under this program, a joint application is filed between the employer and employee with the Department of Labor. In the event the employee fails to fulfill the job duties (i.e. suddenly leave the job) there is a possibility that the employer can file a complaint with the Department of Labor which may result in the termination of his/her Green Card. It is recommended that you stay with the employer for at least one year to avoid any issues such as this.

All employers must submit a Prevailing Wage Determination which ensures that they are paying at least the minimum wage set in their state. Salaries vary depending on the job and the area.

The Green Card can only be ordered upon arrival in the U.S. In the meantime, the visa is endorsed and serves as a Permanent Residency document until the actual card arrives. This can be used for employment, opening bank accounts, etc.

As a Green Card holder, you will be able to apply for U.S. Citizenship and get the passport. Below are the requirements you must fulfill:

  • Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
  • Be a permanent resident (have a “Green Card”) for at least 5 years.
  • Show that you have lived for at least 3 months in the state or USCIS district where you apply.
  • Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.
  • Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
  • Be able to read, write, and speak basic English.
  • Have a basic understanding of U.S. history and government (civics).
  • Be a person of good moral character.
  • Demonstrate an attachment to the principles and ideals of the U.S. Constitution.