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.

Foreign nationals who are working on H1B, H2s and H3 temporary work visas usually qualify for EB-3 green cards.

• A professional with a bachelor’s degree in a specialized or professional field, or
• A skilled worker with 2 or more years of post-high school education, training, or experience, or
• An unskilled worker with less than 2 years of post-high school education, training, or experience

For an EB-3 green card, the US employer must sponsor the foreign national employee — the employee cannot sponsor himself. Additionally, the employer must show a need for the employee and that the employer can afford to pay the foreign national a salary comparable to what other US workers in that field earn.

• A PERM application is filed with the Department of Labor.
  The employer conducts a test of the local labor market and proves to the Department of Labor that there is shortage of workers with skills similar to those of the foreign national in his area. This test is done by a very strict “recruitment drive” established by the Department of Labor. (See here, link to PERM page.)
• Filing without PERM:
  Sometimes a test of the job market is not needed because the shortage of that type of workers is already known. For these positions, a PERM application does not need to be filed. These jobs are called the “Schedule A Occupations”.
• I-140 petition is filed with the USCIS.
  After the Department of Labor certifies the PERM, the US employer files for a green card (I-140 petition) with the USCIS. This petition is a request by the employer to hire the foreign national for their long-term position. The USCIS evaluates the foreign national’s professional qualifications to make sure that he qualifies for the job.
• Foreign National Files I-485 / CP
  This is the final step toward obtaining a green card. If the foreign national is present in the US, he files an adjustment petition with the USCIS. If he is overseas, he files this last step with the Department of State (US consulate). The government approves this step after examining the foreign national’s background. If the foreign national has a criminal record, has entered the US illegally, has connection to terrorist organizations or certain diseases, he can be denied the green card. Click here to read in-depth information on I-485 and consular processing.
  • Delay in Processing. There are several quotas for green cards each year. Each employment-based category has a quota. In addition, there are also limits on how many green cards are issued to nationals of different countries. Once the quota for that year is met, the government waits till the next year to process the remaining cases that have been filed. This creates a backlog for countries from where a lot of people are immigrating. 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.
• Green cards issued in the EB-3 category are usually valid for 10 years and can be extended.
• Green card holders can also file for citizenship 5 years after obtaining their green cards.
• Spouses and minor children get their green cards along with the foreign national.

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.

Again, 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.

The Immigration Desk Solution

With over 2 decades of experience, we have helped many US employers get green cards for their foreign national employees. Our clients include service industries such as hospitality and tourism industries, hospitals and educational facilities along with professional employers.

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.

For larger clients, we help with document collection or work with human resources to streamline the process for PERM recruitment. For smaller employers, we do as much guiding and mentoring as is needed.

As part of our service, we help watch the timelines so the case progresses efficiently, charge on a flat fee basis so you are always certain of what the green card will cost, and guide you through a process that can be complicated.

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 for you.