The EB-3 PERM (Program Electronic Review Management) is an employment-based immigrant visa category in the United States that allows foreign workers to obtain permanent residency based on a permanent job offer from a US employer. It requires a labor certification process known as PERM, which involves the US Department of Labor (DOL) certifying that there are no qualified US workers available to fill the position being offered to the foreign worker. The EB-3 visa is designed for 3 categories of applicants, namely Skilled Workers, Professionals, and Unskilled or Other Workers, who possess the required qualifications and are in demand in the US labor market.
Requirements for EB-3 PERM
1
Skilled Workers
- The applicant is required to have at least two years of training or work experience.
- Relevant post-secondary school education may be considered as training.
- The foreign worker must possess the required skills and experience to perform the job duties.
- The employer must obtain a labor certification from the US Department of Labor (DOL), demonstrating that there are no qualified US workers available for the position.
- A permanent, full-time job offer is required.
2
Professionals
- The applicant must demonstrate that you possess a US baccalaureate or foreign equivalent degree and that a baccalaureate degree is the normal requirement for entry into the occupation.
- Education and experience may not be substituted for a baccalaureate degree.
- The foreign worker must possess the required educational credentials and skills to perform the job duties.
- The employer must obtain a labor certification from the US Department of Labor (DOL), demonstrating that there are no qualified US workers available for the position.
- Any other requirements specified on the labor certification.
- A permanent, full-time job offer is required.
3
Unskilled Workers (Other Workers)
- The applicant must demonstrate the ability to perform unskilled labor (requiring less than 2 years of training or experience) that is not of a temporary or seasonal nature.
- The foreign worker must possess the required skills and experience to perform the job duties.
- The employer must obtain a labor certification from the US Department of Labor (DOL), demonstrating that there are no qualified US workers available for the position.
- Any other requirements specified on the labor certification.
- A permanent, full-time job offer is required.
PERM Labor Certification Process
To start your immigration journey, your employer is required to submit Form ETA-9089 to the Department of Labor, seeking labor certification. This form attests to your employer's commitment to hiring you and verifies the absence of a qualified or available US worker for your designated role.
Form ETA-9089 is conveniently accessible online through the Department of Labor's website, allowing for electronic completion. Alternatively, your employer may choose to fill out and submit the form by mail, accompanied by supporting documents such as payroll records, financial statements, and proof of residency.
There is no application fee associated with submitting Form ETA-9089 for labor certification. However, it is essential to note that processing typically takes between 6 to 9 months. Once approved, you will be eligible to proceed with your EB3 Visa application.
Form ETA-9089 is conveniently accessible online through the Department of Labor's website, allowing for electronic completion. Alternatively, your employer may choose to fill out and submit the form by mail, accompanied by supporting documents such as payroll records, financial statements, and proof of residency.
There is no application fee associated with submitting Form ETA-9089 for labor certification. However, it is essential to note that processing typically takes between 6 to 9 months. Once approved, you will be eligible to proceed with your EB3 Visa application.
EB3 Visa Application Process
Similar to many other employment-based immigration procedures, the responsibility of filing EB3 visa applications lies with employers. Self-petitioning is not an option in this context. The application process entails completing and submitting Form I-140, officially known as the Immigrant Petition for Alien Workers form.
Form I-140 is a comprehensive form designed to gather essential information about both the employer and the beneficiary (employee). Your employer must furnish details about their company or themselves, including names, company details, Social Security Numbers or IRS tax numbers, and mailing addresses. Similarly, pertinent information about you, the employee or beneficiary, is required, encompassing your name, home country, and date of birth. Form I-140 is submitted via mail, initiating the evaluation process.
Upon submission, you will receive a confirmation notice from USCIS acknowledging the receipt of your application. For expedited processing, your employer may opt to submit Form I-140 with Form I-907, a Request for Premium Processing.
Form I-140 is a comprehensive form designed to gather essential information about both the employer and the beneficiary (employee). Your employer must furnish details about their company or themselves, including names, company details, Social Security Numbers or IRS tax numbers, and mailing addresses. Similarly, pertinent information about you, the employee or beneficiary, is required, encompassing your name, home country, and date of birth. Form I-140 is submitted via mail, initiating the evaluation process.
Upon submission, you will receive a confirmation notice from USCIS acknowledging the receipt of your application. For expedited processing, your employer may opt to submit Form I-140 with Form I-907, a Request for Premium Processing.
Form I-907, a Request for Premium Processing
Form I-907 facilitates Premium Processing, an elective service that expedites the decision-making process to 15 days. Recognizing the time-intensive nature of the EB3 visa application process, your employer may opt to submit Form I-907 to accelerate the processing timeline. However, Premium Processing is contingent upon your employer passing an on-site inspection and involves an additional application fee.
Take the first step towards a new chapter in your professional journey by exploring the possibilities offered by the EB3 Visa. Secure your future in the US and unlock a world of potential.