EB3 program
What is EB-3? Immigrant visa
EB-3 Classificaition would be appropriate for:
- Skilled workers are workers with at minimum two years of training or work experience (there is no degree requirement). Skilled worker positions are not seasonal or temporary.
- Professionals are workers with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience). A combination of education and exprience may not substitute for the degree.
- Unskilled workers (others) who have less than two years of tranining or experience. Unskilled workers positions cannot be seasonal or temporary. Even if the worker has more than two years of training or experience in the occupation, if the occupation does not require two years of training or experience, the worker is deemed an unskilled worker.
Labor Certification (PERM)
EB-3 visa applicants are required to obtain a Labor Certfication (PERM) from DOL.
The reason for the Labor Certification is that a U.S. company is not permitted to hire a foreign worker if a U.S. worker is qualified and available to take the job.
In the application for a Labor Certification, the prospective employer must certify that it has tested the labor market to ensure that there are no willing and able U.S. workers available for the open position for which the Labor Certification is being sought. By approving a PERM Petition, DOL certifies that no sufficiently qualified U.S. workders exits in the employment area to fill the open position at the time when recruitment is conducted.
The employer may then proceed to file the immigrant petition for the foreign worker and hire the foreign worker on a permanent basis.
Family of EB-3 Visa Holders
Spouse may be admitted to the United States in E34 (spouse of a "skilled worker" or "professional") or EW4 (spouse of an "other worker").
During the process where investor and his/her spouse are applying for permanent resident status, spouse is eligible to file for an Employment Authorization Document (EAD). Their minor children (under the age of 21) may be admitted as E35 (child of a "skilled worker" or "professional") or EW5 (child of an "other worker").
Benefits for EB-3 Visa Holders: Holders
• are granted greend cards for the whole family members, including spouse and children under 21 years old.
• are allowed to become naturailized U.S. citizens after 5 years.
• and other family members are entitled to live, study and work at any states in the United States.
• their children are entitled to enjoy free education from 1 until 12 grades (public schools), their college/university tuition reduces to 1/3 compared with international students.
• are allowed to work in the United States at least for 1 year, receive wage and various kinds of insurance and labor safety.
