The EB-3 Program is a US Government program designed to assist US companies with finding labor in industries with chronic labor shortages. The program provides these companies with guaranteed Immigration ap-proved permanent resident workers who have passed a complete criminal back-ground check. The permanent resident workers speak English and have a very strong work ethic.
We are seeking US companies with labor shortages to sponsor permanent resident workers under the US EB-3 Program. The program requires minimum cost to and work for the employer sponsor. In short, the program offers employers that struggle with chronic labor shortages a program to develop a pipeline of highly motivated, immigration guaranteed, drug free employees with no criminal background at a wage rate consistent with their industry norms.
Eligibility Requirements for the EB-3 Program
• Sub-categories: Unskilled Workers (Other Workers)
• You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
• No criminal background and drug free
• Must Possess sufficient proficiency in English to participate in the program.
How it works?
There are two phases to the program’s application process:
1) US Department of Labor wage and labor certification to determine a fair minimum wage for the workers and to verify a labor shortage
2) US Citizenship and Immigration Service (USCIS) permanent resident visa approval to verify the quality of the immigrant applicant.
EB-3 Process for Filing
Step 1: Prevailing Wage Determination: Sponsor Employer
PURPOSE: The prevailing wage is for the government to determine the MINIMUM wage the sponsoring employer can pay an EB-3 applicant.
PROCESS: Sponsoring Employer files an application for a prevailing wage determination with the Department of Labor.
REQUIREMENTS: The application includes the name of the employer, EIN number, year of incorporation, the number of current employees, the job description, location of job and minimum requirements of the employee.
DETERMINATION: The Department of Labor will then determine the “prevailing wage” for the position being offered.
TIMING: The Wage certification takes approximately 90 days.
COMMITMENT: Once the Sponsoring Employer receives the Prevailing Wage Determination, it will then have a choice to continue in the process or to remove itself from the process. This choice is usually based upon whether or not the Sponsoring Employer wants to pay the prevailing wage.
Step 2: Recruiting Process: Sponsor Employer
PURPOSE: The recruiting process is to determine if there are eligible U.S. workers sufficient enough to cover the needs of the Sponsoring Employer.
PROCESS: The Sponsoring Employer must prove to the Department of Labor it advertised and recruited for this job position and that it could not be filled by a U.S. worker.
REQUIREMENTS: Three basic recruitment steps must be taken:
1) Two consecutive Sunday newspaper advertisements
2) 31 continuous day posting on the state jobs bank website
3) A break area notice posted for 14 days at the job site. Further, the Sponsoring Employer must fully document the response to the advertising during this time including record of all applicants, new hires and reason for denials and the Sponsoring Employer must bear the expense of this process (cost of advertising in local papers).
DETERMINATION: There is no determination at this stage of the process.
TIMING: The entire process takes about 90 days.
COMMITMENT: The Sponsoring Employer must commit to pay the expenses of the advertising. If the Sponsoring Employer currently advertises, then this process will piggy back on existing process and expenses.
Step 3: Labor Certification Filing: Sponsor Employer
PURPOSE: This stage is to present the job, the employee, the prevailing wage certification and the recruiting process to the Department of Labor (“DOL”).
PROCESS: The Sponsoring Employer will file an Application for Permanent Employment Certification, ETA Form 9089, on behalf of each foreign worker.
REQUIREMENTS: The 9089 application includes the job duties, educational requirements, training, experience, and other special skills the employee must possess to perform the work, and outline the foreign worker's qualifications. The information regarding the employee is provided by his attorney in the format requested by DOL.
DETERMINATION: DOL will approve or disapprove of the specific employees application.
TIMING: Current processing time with Department of Labor is approximately 4 to 8 months.
COMMITMENT: After the approval of the 9089, the Sponsoring Company will then determine if it wants to continue with the final steps of the process (see below).
Step 4: Immigration Visa Petition: Employee
PURPOSE: The purpose of this stage is to file an application with the USCIS for permanent residency under EB-3.
PROCESS: The Employee will file an I-140 application with USCIS.
REQUIREMENTS: The I-140 application requires the original Labor Certification signed by both the employer and employee, documentation of the employee's credentials
DETERMINATION: USCIS will approve or disapprove the I-140.
TIMING: Normally, it will take about 5 to 7 months for USCIS to process the petition.
COMMITMENT: Upon approval of the I-140, the Sponsoring Employer must commit to making the employee an "Official Offer". If the Sponsoring Employer no longer needs the Employee, they are not obligated to make this Official Offer in which event the Employee will have to find a Replacement Sponsor.
Step 5: Application For Permanent Residence: Employee
The Employee handles this process. The Employee submits a visa application package with the National Visa Center. They are then interviewed by the U.S. Department of Sate’s Consular Office in their home country.
Step 6: Permanent Work Visa Issued: Employee
After a permanent work visa is issued to the foreign worker he/she will travel to the U.S. and report to the employer.
Obligations of Foreign Employee
The foreign employee is responsible for paying for travel to the U.S., local transportation, housing costs and other personal expenses. The worker is required to pay the visa application fee charged by the U.S. Consular Office at the final stage of the visa process. The worker must also pay administrative costs to the overseas recruiter and legal fees of the U.S. immigration attorney. The worker may not pay for any costs for the Labor Certification.
What is the program length?
EB-3 visa is immigration visa and will change to Green Card at the immigration office valid up to 10 years which able to renew no limitation.
Rights and Responsibilities of a Green Card Holder (Permanent Resident)
Your Rights as a Permanent Resident
As a permanent resident (green card holder), you have the right to:
• Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
• Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)
• Be protected by all laws of the United States, your state of residence and local jurisdictions
Your Responsibilities as a Permanent Resident
As a permanent resident, you are:
• Required to obey all laws of the United States the states, and localities
• Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities
• Expected to support the democratic form of government and not to change the government through illegal means
• Required, if you are a male age 18 through 25, to register with the Selective Service
Maintaining Permanent Residence
Once you become a lawful permanent resident (green card holder), you maintain permanent resident status until you:
• Apply for and complete the naturalization process; or
• Lose or abandon your status.
There are several ways that you can lose your status as a lawful permanent resident.
Conditional Permanent Resident Status
Section 216 of the Immigration and Nationality Act (INA) provides for you to become a lawful permanent resident on a conditional basis, based on marriage.
Section 216A provides for you to become a lawful permanent resident on a conditional basis, based on a qualifying investment.
Both sections allow USCIS to terminate your conditional status as provided by the law (in the event of fraud, for example).
You may be able to seek review of the termination of your status in a removal proceeding before an immigration judge.
Removal Proceedings
You will lose your permanent resident status if an immigration judge issues a final removal order against you.
INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States.
Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
o The reason for your trip;
o How long you intended to be absent from the United States;
o Any other circumstances of your absence; and
o Any events that may have prolonged your absence.
o Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.
Reporting Loss of Permanent Resident Status
Internal Revenue Code section 6039G(d)(3) requires the Department of Homeland Security to inform the Internal
Revenue Service if you lose permanent resident status because of you:
• Have been ordered removed from the United States; or
• Chose to abandon your status and surrender your green card.
Can my family apply for the EB-3 program?
Yes, once you apply, your family: husband or wife and their children will able to get a green card as well.
Budget
In the Terms and Conditions you signed, you agreed to budget enough currency with you to support yourself until you receive your first additional money to cover your 1st month’s rent, deposit, and housing application fees.
Below are approximate estimates for certain costs in the U.S. for your budget considerations
It is your responsibility to research the average cost of the items below and other costs for the area in which you will be living. Prices for certain items (e.g., rent, telephone, etc.) vary by region in the United States.
Cost upon arrival to the U.S
• Flight
• Transportation to training/job site (average cost: $50-$60)
• 1st month’s rent & housing deposit (average cost per month: $700-$1000, deposit equal to 1 month of rent)
Other housing costs
• Utilities (average cost per month: $50)
• Mobile telephone service (average cost per month: $50 for most basic mobile plan)
• Cable TV (average cost per month: $50)
Living costs
• Meals (average cost per meal: $4-$10)
• Toiletries (average cost per month: $50)
• Laundry (average cost per month: $20)
• Transportation
o Bus (average cost per ride: $1)
o Taxi (average cost per ride: $2.50 + $.30 per ¼ mile + 10% gratuity)
• Entertainment
o Movies (average cost: $12)
o Concerts (average cost: $30-$50)
To learn about the average cost of Restaurants, grocery stores/markets, transportation, utilities and sports and leisure offerings by a city and state, please visit: http://www.numbeo.com/cost-of-living/country_result.jsp?country=United+States
U.S Cities Cost of Living Expenses
• Ensure your safety, and bring at least $1,000.00 in cash, traveler checks or credit card.
• Explore the cost of living expenses in your new city.
• Check out http://www.numbeo.com/cost-of-living/country_result.jsp?country=United+States
• Learn about the average cost of Restaurants, grocery stores/markets, transportation, utilities and sports and leisure offerings by a city, state search in the United States
Where can I find more information?
To learn more about this program and its requirements, visit http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3 or contact our team.
