YEAR-ROUND & PERMANENT

EB-3 PERM Visas

At Labor Consultants International, we have decades of experience with the H-2A visa process, and have one of the highest application approval rates in the nation. We know the ins and out of legally hiring foreign workers.

How The EB-3 Process Works

After defining a job opportunity, we will help you with the following steps:

  1. Submit prevailing wage requests through the Department of Labor.
  2. Tap the local U.S. market to prove we are not displacing our local job seekers.
  3. Interview and select admissible candidates who meet the job description’s requirements.
  4. Pursue Permanent Labor Certification through the Department of Labor.
  5. Get Certified!
  6. Petition for green cards from the United States Citizenship & Immigration Services for your selected candidates.
  7. Approval from the United States Citizenship & Immigration Services.
  8. The employee receives a green card for 10 years.

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EB-3 PERM Program Details

This program provides green cards for long-term work to employees who used the H2 program.

Program Description

This program helps employers secure green cards for unskilled workers with less than two years of experience for permanent non-seasonal work.

Who May Apply

Employers with year-round operations who anticipate a shortage of qualified U.S. workers to fulfill permanent, nonseasonal full time positions.

Qualifying Employees

Skilled workers whose jobs require two years of experience or training, professionals whose jobs require a U.S. Baccalaureate degree or foreign equivalent, or workers performing permanent, non-seasonal, unskilled work requiring less than two years of experience.

Validity Period

The Labor Certification is valid for six months. The petition for the EB-3 PERM must be filed during those six months. The EB-3 Permanent Residency results in a green card valid for ten years. During that time, the worker may apply for permanent citizenship or renew the visa for another ten years.

Conditions To Be Satisfied

The following specific conditions must be met by the employer who files an application for the EB-3 PERM Program:

Recruitment: The employer must agree to engage in the independent, positive recruitment of U.S. workers. This means an active effort, including Sunday newspaper posts and opening a job order with the State Workforce Agency (SWA).

Prevailing Wage Request: The wage or rate of pay must be the same for U.S. workers and EB-3 PERM workers. The hourly rate must meet the applicable prevailing hourly wage rate based on the job description. This request is sent to the U.S. Department of Labor and takes approximately 127 days for processing.

Admissibility: The employer must vigilantly screen candidates for admissibility. Everyone who applies to enter the U.S. is checked to see whether he or she is inadmissible. The grounds of inadmissibility are long and complicated, but the most troublesome ones concern past crimes, immigration violations, and those likely of becoming a “public charge.” However, this doesn’t necessarily bar them from receiving a green card if the grounds of inadmissibility can be waived.

Labor Certification: In order to file for green cards, the employer must be approved for Labor Certification. Labor Certification takes six to nine months for approval by the U.S. Department of Labor. Once approved, Labor Certification is valid for six months, and petitions for EB-3 Permanent Visas must be submitted during that time.

Adjustment of Status: If your employee is part of the H2 program, their status will need to be adjusted to fit the EB-3 program. While their status is being adjusted, they may not leave the United States.

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Contact Labor Consultants International today to get started! Click below to fill out our online contact form or call us at (208) 777-2654.

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