Contrary to popular belief that only highly skilled workers are considered for green card in the United States, unskilled and low skilled workers are in high demand in the U.S. There are lot of vacancies for unskilled and low skilled worker in the U.S. which employers are forced to fill with illegal immigrants due to extreme shortage of this category of workers among US citizens and legal immigrants. Most employers and foreign unskilled workers are unaware that Employment Based Third Preference, EB3 Visa, is a great opportunity for employers to bring in foreign unskilled workers to work legally in the United States and save your business from violating U.S. immigration law. Those who are aware do not know how to go about it. Therefore, this article explains the process of filing EB3 visa for foreign unskilled workers successfully.
Who is an unskilled or low skilled worker?
Unskilled workers are persons who perform tasks that require less than 2 years training or experience. This description covers a wide range of employment and almost every work that does not require undergraduate degree or at least a 2-year professional licensure or training fits into this. Babysitters, caterers, butchers, healthcare aides, barbers, cosmetologists, waiters, cleaners, cashiers, dishwashers, mechanics, construction laborers and all other unskilled and low skilled workers come under this description.
Procedure for Obtaining Green Card Approval for Unskilled and Low Skilled Foreign Workers
Step 1:
Job Advertisement
- Two separate ads for the available unskilled worker position must be placed in the major local Sunday Newspaper with wide circulation in the state of intended employment.
- An employer must post the job vacancy for at least 30 days with the State Workforce Agency in the state where the job opening is available.
- The employer must provide an internal PERM Notice of Filing
The essence of the advertisement in the recruitment process is to ensure employers do not deprived qualified worker in the United States of employment.
Prevailing Wage Determination
- The employer must file form ETA 9141 prevailing wage request form containing details of the job which should include job title, duties, job requirements and location in the United States and must request the minimum wage for the position from the Department of Labor (DOL).
- The prevailing wage must be included in the job advertisement for the position.
Offer Job to Foreign National
After the advertisement period required by the DOL has lapsed and no qualified U.S. worker applied for the available job, the employer can offer the job to the foreign national at the prevailing wage determined by the department of Labor, under the same work conditions as similarly employed U.S. workers.
File ETA 9089 Labor Certification
Employer can file ETA 9089 PERM Labor Certification with the DOL once the recruitment period has lapsed and it is determined that there is no qualified U.S. worker who applied for the position.
Step 2:
File Form I-140
An employer can file form I-140 with the USCIS on behalf of the foreign national after the DOL has certified ETA 9089. The normal processing time for this application takes about 6 months. However, an employer may choose to use a premium time at an additional cost to abridge the processing period to 15 days.
Step 3 (Final Step):
Consular Interview of Foreign National
After the approval of form I-140 by USCIS, the foreign national will be scheduled for a visa interview by the National Visa Center who will communicate with the foreign national on documents to bring for the visa interview. The foreign national will be eligible to travel to and work permanently in the United States after his immigrant visa petition has been granted. The entire process of this petition takes between 12 to 18 months.
Who can migrate with you?
Your spouse and unmarried children under the age of 21 can migrate with you after the approval of your petition.
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