EB-3 Visa
The EB-3 visa program offers an excellent opportunity for both skilled and unskilled workers to join a US company. Please forward this email to your contacts at info@tmnorthwesternalliance.com.
I’ve attached the Labor Certificate, EB-3 Visa presentations, and official information from USCIS for your reference.
To initiate the EB-3 visa process, the employer must first obtain a PERM Labor Certificate before petitioning for any employee. We collaborate with advertising agencies that can assist you with recruitment and advertising.
Eligibility Criteria:
Skilled Workers:
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- Demonstrate at least 2 years of job experience or training.
- Perform work for which qualified workers are not available in the United States.
- Require a labor certification and a permanent, full-time job offer.
Professionals:
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- Possess a U.S. baccalaureate degree or foreign equivalent.
- Work in an occupation where a baccalaureate degree is the norm for entry.
- Perform work for which qualified workers are not available in the United States.
- Education and experience cannot substitute for a baccalaureate degree.
- Require a labor certification and a permanent, full-time job offer.
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Unskilled Workers (Other Workers):
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- Capable of performing unskilled labor, requiring less than 2 years of training or experience.
- Not of a temporary or seasonal nature.
- Work for which qualified workers are not available in the United States.
- Require a labor certification and a permanent, full-time job offer.
Program Electronic Review Management (PERM) is the system used to process labor certifications, the initial step for certain foreign nationals to obtain an EB-2 or EB-3 immigrant visa.
PERM Overview:
- Implemented on March 28, 2005.
- All labor certification applications are now required to be filed through PERM.
- Forms like ETA Form 750 and Reduction in Recruitment (RIR) are no longer available for new filings.
- PERM is used for EB-2 and EB-3 categories.
Purpose of PERM: Before a U.S. employer can file an immigration petition for a foreign worker in most EB-2 and EB-3 positions, the U.S. Department of Labor (DOL) must approve a labor certification. The employer submits ETA Form 9089 to DOL, confirming:
- Insufficient U.S. workers are available for the job at the prevailing wage.
- Employing the foreign worker won’t negatively affect U.S. workers’ wages or working conditions.
Our Fees Schedule:
The government is increasing various fees (The I-140 fee for processing and the premium processing fee) so the service fees are increasing.
$145 per week for 156 weeks (3 years) is the fee for the employer.
$70 per week for 156 weeks is the fee for the immigrant (This fee is based on the immigrant being in the U.S already and already in possession of their CDL)
If the driver does not have their CDL, the driver will be responsible for paying for the CDL School.
Services – We act as the agent for the process. We prepare and file all legal paperwork for both the employer and the immigrant. This includes all costs for the parties and there are no other fees.
To get Started:
Employer – We need to immediately file for the Prevailing Wage Determination and collect company information for future paperwork. The full process includes prevailing wage determination, required advertising and notice of filing, recruiting and conditional job offers, Department of Labor 9089, USCIS I-140, and adjustment of status process since we are not going through the consular process. The employer isn’t involved any longer at the adjustment of status process and the immigrant isn’t involved in the prevailing wage and required advertising portions.
Employer Paperwork – We will request information such as the paperwork to see the Federal Employer ID Number, corporate address, etc. We will also need a shared email address at the employer domain for filing purposes. At the I 140 stage, the government does require proof of the ability to pay. For employers under 100 employees, this will require tax information, profit and loss, and Balance sheet. For employers over 100 employees, we will only need a letter from an executive that reveals certain financial information such as revenue, profit, number of employees, etc and the statement that they have the ability to pay the wages. (We have this all templated out so the process is straightforward and easy)
Contract
Essentially the contract is that we will recruit and handle all the immigration processes in exchange for the weekly fee. The typical question revolves around an employee being fired or quitting. If the employee is terminated or quits, the weekly fee stops. In this case, it is a big issue for the immigrant because their immigration process will stop if the employer is no longer willing to be the petitioner. The benefit for the employer is that this creates extra retention for the time period of the immigration process. If the paperwork requires over 2 years of experience, the process is taking 18-24 months. If the position requires less than 2 years of experience, the process is taking 3.5 years.
For the immigrant, the contract is 3 years of work.
One requirement is that there is intent to hire the immigrant as a W2 once the green card is issued. Best practice is 6 months of employment after the green card is issued but legally there is no requirement to stay with the employer once the green card is issued. The employee has the same rights as any permanent resident and that includes choosing employment.
So the benefit is that retention during the immigration process is worth the costs of the weekly fee even if the employee leaves at a later time. The goal is that the employee likes the employer and stays with the company long term. Typically, we see employees that are with an employer longer than a year stay with the company but this is a different situation than a typical hire of a U.S employee.
What my business partner experienced with his drivers in the past is that the retention rate was 95% in the first three years so that is pretty remarkable. But that is South Africans coming to the U.S and not the same demographic of the drivers in this case.
Please let me know when we can continue our discussion. Consultation fees are typically $300/hour with the attorney, which can be waived or paid by any interested party.
