EB-3 Permanent Working Program - Employers

 A Powerful Recruitment Tool for US Individuals and Business Owners

 EMPLOYMENT BASED VISA – CATEGORY 3 (EB-3)

What is an EB3?

The EB3 is a Green Card for Professionals, Skilled and Other Workers. An EB3 Green Card is an employment based, third category visa that provides lawful permanent residence in the US to professionals, skilled workers and unskilled workers who obtain a permanent offer of employment in the US. This has become a great program for transportation and logistics operations, landscaping, hospitality and many other industries in the USA.  Hundreds of companies and individuals are certified monthly and job seekers from every corner of the world becoming able to work and live permanently in our country. Jobs & Visas USA can become a great tool to many employers in the United States, individuals, small, medium size, or large companies that wants to resolve their HR deficiency in 12-18 months time when outside the USA, and 7-8 months for workers in the USA with status valid wanting ADJUSTMENT OF STATUS. Get in touch with us immediately" 305-9683326  jobsnadvisasusa@gmail.com or eb3application@jlrecruitment.net 

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1) Eligibility Criteria

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

 - “Skilled workersare persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature

 - “Professionalsare persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

 - The “other workerssubcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Sub-categories

Evidence

Certification

Skilled Workers

 - You must be able to demonstrate at least 2 years of job experience or training

 - You must be performing work for which qualified workers are not available in the United States

Labor certification and a permanent, full-time job offer required.

Professionals

 - You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation

 - You must be performing work for which qualified workers are not available in the United States

 - Education and experience may not be substituted for a baccalaureate degree

Labor certification and a permanent, full-time job offer required.

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.

Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the "other workers" category for countries such as INDIA, CHINA, PHILIPPINES. All other countries are CONCURRENT menaing there are Green Card available under the unskilled category (7.1% of 140,000 Green Card through employment) yearly. See the “Department of State: Visa Bulletin” page.

WHAT ARE THE BENEFITS FOR EMPLOYERS?

  The most obvious employer benefit for an employer hiring an EB-3 worker is the addition of qualified talent to the employer’s workforce at a very competitive price.
  Additionally, the timeline of the EB-3 program allows an employer to get to know a prospective employee and train him or her before having to pay a full wage.
  For employers with existing outsourcing programs, EB-3 hiring is a great recruitment tool as it allows a path to US entry. Not to mention that Jobs & Visas USA provide the whole HUMAN RESOURCES services for the employer, such as request of PREVAILING WAGE DETERMINATION, Ads at SWA, newspapers ads, and recruiting and interviews. 

WHAT ARE THE BENEFITS FOR THE EMPLOYEE?

   The EB-3 enables a foreign national to obtain permanent residence in the U.S (Green Card). Work and live permanently in a great country during at least 1 years for the SPONSOR employer and for the rest of his life after that. Employers can choose more than 1 years of commitment. 

EMPLOYER RESPONSIBILITIES

   The hiring U.S. employer’s primary responsibility is to comply with the regulations set forth by the Dept of Labor and USCIS. The foundation requirement for both of these agencies is that the employer is truthful regarding the availability of the position (i.e. that there is a real job offer).
   Secondly, the employer agrees that the employee will be paid the wage that is listed on the PERM and the I-140 petitions. This wage is decided at the very beginning of the process (Prevailing Wage Determination), so the employer is aware of this responsibility from the outset.
   Once the employee’s visa is approved and he/she is in the U.S., the employer-employee relationship is similar to any other. At this point the employee is free to terminate or promote the employee and the employee is free to quit based on a fair and good reason, if they choose. Although employer-employee can sign a CONTRACTUAL AGREEMENT between 1 to 3 years in accordance with both parties.

2) EB-3 STEPS

The process will be managed by our immigration consulting firm and should not interfere with employer’s regular business practices.  JL RECRUITMENT & CONSULTING LLC" Immigration hired Attorney handle the whole Labor process for the employer providing a more tight professional service. The employer pays for the PERM and I-140 USCIS in the name of the new international employee ($900) and for the newspaper ads around US$1,000 to US$1,200 per JOB TITLE.

The new employee sign with us and our Immigration Attorney a Retainer Agreement for the cost of the USCIS process in his name ( Green Card request).

3) THE PERM PROCESS (Employer)

STEP 1: PREVAILING WAGE (1-4 months); 

   JL Recruitment & Consulting LLC files a prevailing wage request with the U.S. Dept. of Labor to determine the minimum wage for someone in that job title. The area, job title, and other factors will determine the outcome of the request:

DOCUMENTS REQUIRED FROM THE EMPLOYER:

1. Job title and Job Description
2. Official Name of Employer ( Business License if a business, if individual no need)
3. Tax ID (EIN)
4. Job Site Address (proof of residency)
5. Sign agreement with JL Recruiting & Consulting LLC

DOCUMENTS FROM THE EMPLOYEE:

1. Diploma (depending what EB-3 category)
2. Education evaluation & translation of diploma
3. Resume/ Curriculum Vitae in detail with employers name, country, phone numbers, e-mails, title of the job, duties and responsibilities, as well as name and number of supervisors
4. Experience Letters, which should include all skills and experience required for the job position
5. Several other documents requested by the employers or any organization licensing the worker, if needed. 
6. Filled questionnaire provided.

STEP 2: ADS (60 days in average) Employer 

   A spreadsheet (Excel) is organized by JL  to keep track of any applicants for the position does this whole HR recruiting. Ideal each interested in the vacancy to be interviewed and recorded in the spreadsheet.

STEP 3: PERM FILING (3-6 Months in average) Employer

   Roughly 60 days after the recruitment has been initiated, JL RECRUITMENT AND CONSULTING LLC will prepare and file the PERM form for each worker (Form 9089). At the date of this writing PERM processing times were 60 days.

STEP 4: I-140 Employer 

   Once the PERM is approved by the DOL the I-140 Stage of the PERM can begin. This can be premium processed within 15 days.

Documents required from employee if the the USA (Adjustment of Status)

1. All previous Form I-797 Approval Notices or any other approval forms
2. Form i-94
3. Passport
4. Payroll paycheck stubs from the last two pay periods
5. Transcripts
6. W-2 wage and tax statement
7. All prior Forms I-20 ID (If student)
8. Previous EAD cards.
9. many other documents we may demand based on requirements from USCIS

Documents from Employer:

1. Ability to Pay the salary of the worker such as recent Federal Tax Return. 

2. Newspaper Ads, Internet Ads, SWA ads 

STEP 5: CONSULAR PROCESSING (3-4 Months) Employee (Applicant of Green Card) or I-485 Adjustment of Status if in the USA

   When the employee’s priority date becomes current per the Visa bulletin then then our JL's office begins preparing the employee for an interview at the U.S. Consulate abroad. At this stage the employer’s only responsibility is to issue a letter showing that the position is still open for the employee. Some Asia Countries such as China, India, Philippines have a long wait. Countries such as Brazil and other South American countries are Concurrent (7.5 to 9 months), as well as many other countries in the world.
   Shortly after approval at the Consular interview, the employee can enter the U.S. as a permanent resident in between 10-30 days. The employee if in the USA will get EAD in between 5-9 months in average, and Green Card after I-140 approval in approximately in 7.5 to 9 months.

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Q & A

Do I have to pay and hire the employee as soon as I agree to sponsor?
No. First employer must be engaged in searching for labor locally, become certified by the state and start the recruiting. The sponsorship is for a future position with USCIS, so you are under no obligation to hire anyone, although you must keep records of interviews. You will officially hire the applicant’s after offering him/her an official offer of employment with a letter head document stating job title, duties, salary and for how long. After the petition 9089 is fully approved (roughly 4-6 months) or less.

Do I have the option to hire the applicant before the petition is approved?
Yes. You are free to hire the employee at any time in the process prior to entry in the US. We do all the recruiting for you presenting you only profiles of qualified applicants based on your request. Although the sponsorship USCIS will only occur after the form 9089 is approved in the name of the applicant and after the applicant receives approval from USCIS.

If I hire the applicant while they are abroad, how much do I have to pay them?
You have no obligation to pay anything, but if you want to, It is up to you. There are no USCIS limitations regarding how much you have to pay a non-US worker. If the the applicant is in the USA you can also pay him if you would like even before work starts.

When must the employer start paying the Prevailing Wage that is listed on the petition?
When the employee arrives in the U.S. and begins working for you. Or when the employee is in the USA already with the EAD. The employer can begin paying the prevailing wage at any point, but is under no obligation to do so until the employee actually enters the United States and begins working. Or in the case of the employee it is already in the USA and received to EAD (employment authorization).

How long must an employee continue to work for an employer after the green card petition is approved?
There is no set time that the employer must retain the employee. Since the employment relationship is “at-will”, the employer can treat the employee like any other worker . However, if the employee decides to quit early on, it may raise problems for his/her future citizenship application. Ideal is for the employees to stay at least one year with the employer. Some companies prefer a commitment of 3 to 5 years like transportation companies and or health companies for instance.

Does it matter which countries the employees are from?
All EB-3’s filed now are being processed within 12-24 months, with the exception of those filed for nationals of India, China and the Philippines who are subject to lengthy backlogs. Remember that employees in the USA that filled Adjustment of Status can start working in between 5-9 months with a Premium process at USCIS level.

How long does the job need to be held open for?
The job must be held open until the processing for the EB-3 approval is complete. Towards the end of the process, the employer must provide the employee with a letter to take to the U.S. consulate in their home country that states that the job offer is still open.

Who pays for the EB-3 Process, EMPLOYER or EMPLOYEE?
The whole cost for the Labor Certification DOL is the responsibility for the employer such as immigration consultation + job ads in major newspapers and other job postings system such as Jobs & Visas USA platform. The cost to the employer to be certified usually cost around Consulting fee of $4,000 + $1,200 advertisement costs for the job title. (We wave Consulting fees to the employer).

USCIS cost is usually the responsibility of the new employee, since there is a Green Card benefit for him and his family and many costs related to the process.  
Costs to the employee:
US$15,000 to US$21,000 dfdepending on ideal financing selected.  

Do you have any questions? send them to us eb3application@jlrecruitment.net or jobsandvisasusa@gmail.com or call us +1 (305) 968-3326

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U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. This diverse workforce contributes greatly to the vibrancy and strength of our economy, but that same strength also attracts unauthorized employment. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. For more information, please visit http://www.uscis.gov/e-verify.