US companies can sponsor their foreign national employees for EB-3 green cards if they are:
In addition, the US employer must show that they can pay the employee a salary comparable to what other US workers in that job make.
We routinely help US employers file green cards for their employees using the EB-3 category. For a detailed analysis of your case, please reach out to our attorneys here. It would be our pleasure to help!
To get green cards in the EB-3 category, the US employer must complete a 3-part legal process. The employer files PERM (Step I) with the Department of Labor (DOL), and after it is approved, files Step II with the USCIS.
This creates a complicated quota system. When the quota for one year is filled, the remaining applications are processed in the next years quota, which in turn creates a backlog for countries from where a lot of people are immigrating. That is why it takes many year for foreign nationals from Mexico, China, India and Philippines-- sometimes over 10 years -- to complete this last step to get a green card.
To read updated timeline and fee details for the EB-3 category, please visit the USCIS website here.
Most of the employment-based green cards filed are in either EB-2 or EB-3 categories.
Even though filing for an EB-3 employment-based green card is a lengthy process, that can end up taking many years to complete, this is a sure way of getting a green card for foreign nationals who are employed in the US.
An advantage of filing in the EB-3 category is that the person being sponsored does not have to be a "professional". Entry level employees may qualify. Employees with only a few years of experience or a high school diploma may also qualify. They do not need to have 4-year college degrees, or be working in specialized fields. People at grocery stores, retail establishments, hospitality and tourism industries and many other industries qualify.
Most of our EB-3 clients are US employers filing for foreign nationals they already employ with a temporary work visa.
The most important thing to watch for when filing for a EB-3 green card is to make sure that there is no US worker who has the qualifications and wants the job. If, during the PERM process, the Department of Labor finds that there are qualified US workers, the green card cannot be filed.
Also, in industries that hire a lot of seasonal skilled or unskilled workers, it is important to make sure the employer is able to pay the wage that the Department of Labor decides. Since there are always many more filers than available green cards, it takes many years to get a green card through EB-3 filings. For all the years the petition is pending, the employer must be able to show that they have sufficient income to afford the foreign national’s salary.
Also, starting the green card well before the foreign national’s temporary work visa expires is very important. If the temporary work visa expires and the I-140 for the green card is not approved, the foreign national may be required to leave the country and will not be able to return for a lengthy time period.
With over 2 decades of experience in work based immigration, we have helped many US employers get green cards for their foreign national employees. We routinely file EB-3 green cards for IT professionals and for other professional services. At the same time, we also help clients in service industries such as hospitality and tourism industries, hospitals and educational facilities file for EB-3 petitions for their employees.
We help larger employers file for green cards of several employees at the same time. We also help small business owners file for their employees and also help foreign nationals who want their own attorney.
We find that the needs of our larger clients differ from that of our smaller business clients. In addition to filing the immigrant petition, our larger clients often need our help with document collection or to work with their in-house human resource teams to streamline the process for PERM recruitment. Our small-business clients usually need help learning the regulations and how to make sure that they will comply. They also need help with setting up accounts, and often times, additional guiding and mentoring, which we are always happy to do.
As part of our service, we help our clients keep an eye on the timelines so the cases progresse efficiently, charge on a flat fee basis so our clients are always certain of what the green card will cost and guide our clients through a process that is complicated and time sensitive.
Our personalized services are designed to help all our clients file green card with ease, on-time and cost-effectively. We take pride in making this process easy. Please feel free to reach us to explore how our decades long practice can make immigration easy for you. We look forward to hearing from you!
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