Unskilled Labour Force, EB-2, EB-3 Visa Requirement 2023

Many employers have a difficult time finding applicants for certain unskilled and low skilled workers.

The EB-3 Visa Green Card program allows employers to fill these unskilled and low skilled jobs with foreign national workers.

How Does the EB-3 Visa Program Work?

Step 1: Permanent Labor Certification

permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

Before the U.S. employer can submit an immigration petition (USCIS Form I-140) to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).

The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

  • The Job Offer
    • The Employer offers the position to the foreign national, contingent on there being no qualified U.S. worker who will apply for the position in the subsequent recruitment.
  • Prevailing Wage Request Filing
    • The ETA 9141 prevailing wage request form contains the position details (job title, duties, requirements, work location) and requests the minimum required wage from the Department of Labor (DOL).
    • Processing time is currently approximately 110 days. You can use our proprietary prevailing wage level calculator app to accurately predict the prevailing wage.
  • Advertising
    • PERM labor certification recruitment for unskilled workers requires 2 print ads in the Major Sunday Newspaper, a 30 day posting with the State Workforce Agency, and an internal PERM Notice of Filing.
    • These recruitment procedures exist to ensure that employers are not depriving qualified U.S. workers of employment.
  • ETA 9089 Labor Certification Filing
    • Once the recruitment period has ended, and there are no qualified U.S. workers who applied for the advertised position, the ETA 9089 PERM Labor Certification can be filed.
    • It is an online, attestation based filing.

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