Third Preference: EB3 PERM (Labor Certification) For Professionals, Skilled and Other Workers
There are 3 phases to the EB3 Green Card Process:
- Adjustment of Status
1. PERM (Labor Certification)
The labor certificate is a “certificate” by the U.S. Department of Labor (DOL), that there are no able, willing, qualified and available U.S. workers for the position offered. This is proven through a recruitment campaign, which includes placing advertisements in different places and making recruitment efforts.
The employer must provide proof that it has tested the labor market by the above recruitment methods to satisfy that there are no minimal qualified U.S. workers for the position offered.
PERM is extremely complex and detailed and requires and experienced Immigration Law Firm, contact Cipolla Law Group for a consultation.
2. I-140 Process
Following approval of the PERM process (Labor Certification), the I-140 EB3 Petition may be filed. There are 3 EB3 categories:
- Professionals – Baccalaureate Degree (Or Foreign University equivalent) and person who is a member of the professions.
- Skilled Workers – Full time permanent job requiring at least 2 years training or work experience. Relevant post-secondary education may be considered as training.
- Other Workers – Includes foreign nationals with less than two years of training and work experience. This category has historically had a substantial backlog. Consequently, the focus will be on Professionals and Skilled Workers.
The EB3 Petition requires a showing that the Beneficiary has the equivalent of a US Bachelors Degree or is a “skilled worker”, that the Alien has been offered a permanent position requiring a Bachelor’s Degree or the Alien’s skilled experience, and that the position requires requires anAdvanced Degree and pays the prevailing wage for the position, and that the employer can afford to pay the prevailing wage.
The EB3 Process is a long but rewarding process as approval leads to Permanent Residence, a Green Card. Its important to have a skilled Immigration Attorney Representing you before filing and to submit a strong case on your behalf. Contact Cipolla Law Group for a consultation.
3. Adjustment of Status Process
Adjustment of Status under the Immigration and Nationality Act is the process of changing an individual’s non-immigration status to Immigrant Status (Green Card) as long as the individual was inspected, admitted or paroled in the United States. Adjustment of Status applications occur in both employment based and family based cases. An Immigrant Visa must be readily available and current based on the Applicant’s Priority Date and Current Visa Bulletin Schedule, and the Applicant must be eligible and otherwise admissible.
In some cases, the Adjustment of Status Applicant may be eligible for employment authorization and advanced parole (travel outside the US) while the Adjustment of Status is pending. There are many issues affecting eligibility to adjust status including:
- Preconceived Intent Issues;
- Medical Issues
- Criminal & Conviction Issues
- Inspection Issues
- Moral Turpitude Issues
- Overstay and Unlawful Presence
- Fraud Issues
- H1B Portability Issues
Due to the complexities of Adjustment of Status and eligibility, it is highly recommended to contact an experienced Immigration Lawyer, contact Cipolla Law Group for a consultation.