The EB-3 Visa is a permanent residence US visa/Green Card, that’s for Skilled Workers. The EB-3 Visas is also known as the Labour Cert or PERM and its where an American company will sample the job market to determine that there are no American’s or Green Card holders, that are eligible or interested in working the job that they want.
So, this is done by advertising. There are series of things that need to go on. So, one of the mandatory pieces is that they file documents with a state workforce agency that’s going to layout all the requirement’s, the job and the salary. The stare workforce agency will put that out sometimes of veterans and other people looking for the job
Another thing they must do is to post it in conspicuous place at the company and leave it up there for a period of time and it had also put the salary on that.
They also must publish it in the largest newspaper, Sunday edition for two consecutive Sundays and the ads must all virtually match. There’s some strategy difference on that, sometimes but less in it. But its good idea to make sure that you get it all in there.
You have to be able to say where the job is if travel necessary for the job and what the requirements are for the job and what the basic duties are for the job. So, framing all that is really the critical element of the labour cert. the way to do that is really to determine what are the factors of the job and what are the requirements and get that in a period of time. So, instead of saying experience in some practical skill set have something like twenty-four months experience in the practical skill set. The way somebody had that experience that come forward or may be for two weeks won’t meet the qualification and really have that laid out there.
Now the key is, labour cert are not tailoring the job to somebody else, they’re going to look at is, what are these typically require have this company ever required people to have certain criteria. The industry other like companies in the industry, what are they asking for, so its good to know what that is going in.
Now in many time, the company already knows that they want to hire foreign individual and they’re just going through this process, but they still have to put these want ads out there. Now of someone comes back with the waned ad and if they meet the minimum requirement they don’t have to hire that particular person. But they can’t hire the foreign national in this labour cert, they would have to try it again
So, the key is to do it well and find out and have an understanding whether not if you advertise, this job people will come forward if you think they will and save your time because these are very expensive advertising.
Now another thing to be very cognized of is that, the foreign national cannot have anything to do with the labour certificate process. That must be done by somebody with in the company would receive the resume and interview them and determine whether not, they must meet the minimum qualification. If non-American or green card holder comes forward during this process, then they can file this document with the department of labour for labour certification. That take it typically six months. Then after they can file with USCIS and they must at that point established that the foreign national has the criteria to meet this.
Now, one of the things that must be remember is that, if the foreign national receiver the requirement background working for the company that’s applying for them they can’t use it. So, if they have that background from before or if that background is really just having the education, them that what you want to do. But, one the filed, its takes again another six months to eight months to do that.
Now, when eb3 come into an issue of time is for the adjustment sates and that where you move from another visa to this eb3 visa
And there are priority dates so, some of the eb3 have been backed up very long time, it good to know when there are. Once that priority date becomes correct and priority date starts when the recounted process is initiated and then they can file their adjustment status and they can get their green card about six to eight months after that some of the priority dates are years long.
So, if you want more have a strategy session contact us and will have a strategy session will go through the job and make sure that employee and employers meet the qualification we are glad to represent you.
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