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.