What Is the EB3-Other Visa Program?

There are many U.S. employers in a wide variety of industries who are having a hard time employing and retaining enough U.S. workers. This shortage has motivated many employers to look abroad for skilled workers to sponsor to work for them rather than having to resort to other less-desirable options, such as hiring illegal immigrants.

The EB3-Other (EW) program is intended to be an employment program, rather than a mere immigration benefits program. A U.S. employer who participates in the EB3-Other (EW) program agrees to sponsor foreign workers for the same exact job role and at the same rate of pay for the permanent, full-time job as they’d typically offer U.S. workers in exchange for those EW unskilled worker program candidates working for them for at least one year. Thus, this EB3-Other visa isn’t intended to be a way for employers to recruit candidates for employment that has a temporary or seasonal nature.

These employment-sponsored visas are designed to supplement the local U.S. hiring process, not to replace it. Thus, any U.S. employer who intends to pursue hiring through this EB3-Other employment-based visa sponsorship program must show that they tried hiring all the eligible and willing workers who applied to perform unskilled labor before attempting to sponsor any foreign worker with this immigrant visa.

In other words, priority must be given to U.S. workers who want to work over foreign workers. Employers who predominantly rely on foreign sponsorship for the majority of their workforce are likely not adhering to existing laws.

We do not work with any intermediaries or brokers.

WA Law Group and Our EB-3 Visa Work for Case Farms

Attorneys of WA Law Group have been the immigration counsel for Case Farms since 2006. Our legal work with the North Carolina poultry farm has centered around:

  • Recruiting foreign labor interested in pursuing an employment-based immigration petition to come work in the U.S.
  • Us working with several foreign immigration consulting agencies to refer their emigration clients
  • Qualifying unskilled workers to ensure they’re sincere in their promise to be diligent and reliable workers for Case Farms
  • Helping qualified workers and their families with the immigration process

Unlike other employers, Case Farms staff has always assumed the responsibility of directly filing permanent labor certification documentation from their headquarters, rather than allowing any broker or agents to file those applications on their behalf. Our WA Law Group has traditionally been responsible for preparing the recruitment report, including the template labor certification application and audit response after reviewing the U.S. recruitment completed by Case Farms’ staff.

How WA Law Group Focuses on Employer Unskilled Labor Personnel Needs

Our immigration law firm would like to stress that this EW unskilled worker program type of immigrant visa is designed to help the employer supplement their recruitment and hiring of local, U.S. workers, who tend to leave only weeks after being hired. Immigrant visas like these aren’t designed with the primary objective of offering immigration benefits.

In terms of what sets our legal office, WA Law Group, apart from other brokers or immigration attorneys who work with employers on this type of EW unskilled worker program is that we focus on the personnel needs of the employer rather than focusing on providing immigration benefits to the foreign workers.

We have traditionally found that most foreign workers are grateful to receive permanent resident status for their whole family and work diligently for the employer who was kind enough to sponsor them. Because the production line work for Case Farms, for example, is very difficult – processing up to 40 birds per minute following the conveyor line – our law firm insists on having the foreign agencies that we work with personally apprise the potential workers of the difficult work they’ll be expected to perform in their role and obtain a signed agreement to work before offering them sponsorship for the EB3-Other employment-based visa at Case Farms.

Who We Are at U.S. Immigration Law Firm WA Law Group

If you’re a U.S.-based employer that’s considering sponsoring a foreign worker under the EW unskilled worker program, WA Law Group can help. We’re a boutique immigration law firm with a sole focus on investment and employment-based immigration to the U.S. We offer personal and results-oriented immigration services to primarily corporate and business clients.

Our immigration lawyers have extensive experience assisting individuals and corporations worldwide with the following:

eb-3-other

FAQ – Frequently Asked Questions About EB3 Visas

What is the EB3 visa?

The EB3 class of visas is a type of third-priority worker visa. It allows a foreign worker to become gainfully employed and take up permanent residence in the U.S.

According to the U.S. Citizenship and Immigration Services (USCIS), there are three types of workers that can apply under the EB3 visa class, including:

  1. Skilled workers: A skilled worker is described as an employee who has completed at least two years of training or job experience. Relevant post-secondary education may be considered as a replacement for practical job experience.
  2. Professionals: Workers who have a higher degree of education, such as a bachelor’s degree (or its foreign degree equivalent). That foreign equivalent degree must be in an area related to the job position you’re being sponsored for. Practical work experience and uncompleted degrees cannot be considered in lieu of the bachelor’s degree requirement.

Unskilled labor: This “other” category of the EB3 visa is reserved for unskilled workers who have less than two years of training or on-the-job experience. A permanent job offer and a labor certification approved by the U.S. Department of Labor (DOL) are required to secure this immigrant visa. These individuals specifically qualify for the EB3-Other visa, which is part of the EW unskilled worker program.

What are the benefits of securing an EB3 visa?

First, the requirements you must meet to secure the EB3 visa are far less strict than they are to secure either the EB1 or EB2 visa. Also, if your goal is residing in the U.S., the EB3 visa is one of many paths to becoming a permanent resident in the United States (obtaining your U.S. Green Card). Eligibility for permanent residency also extends to your spouse and any dependent children when you secure these EB3 visas.

What are the requirements to secure an EB3 visa?

As referenced above, there are a few different requirements you must meet to secure an EB3 visa:

  • You must have received a valid and permanent job offer from a U.S. employer for a full-time job opportunity
  • The prospective employer must not have been able to find qualified American workers (ones that were available, qualified, or willing to work) for that role
  • You must have the qualifications, job experience, or education level required for the job position

How long does it usually take to get an EB-3 Visa?

Without premium processing, it can take USCIS officials approximately six months to process an I-140, which is the Immigration Petition for Alien Worker, the petition one has to file to secure an EB3 visa. Some estimates even suggest that the current wait time for the processing of I-140 petitions may be as long as 24 months (two years).

A U.S. employer who uses premium processing of the I-140 petition can generally expect it to be processed within 45 business days.

Who pays the processing fees for the I-140 Petition?

Either an employee or the prospective employer can pay these processing or filing fees as well as any legal fees due.

How do you find a U.S. employer that will hire immigrants under the EB3-Other program?

The easiest way to find a potential employment sponsor would be through an internet job board, such as Indeed.com, using a search term like “Visa Sponsorship Green Card.”

What Are the Steps to Applying for an EB-3 Visa?

Applying for an EB3 visa is a multistep process that includes:

An Employer Obtaining a Labor Certification

A U.S. employer must first get a labor certification from the Department of Labor to prove there are no U.S. workers for the job. That labor certification also states that the employer will pay the worker the same wage as a similarly qualified U.S. worker.

Form I-140 Petition Completion

The I-140 petition must be filed with the USCIS. Employers should ensure that the petition is accompanied by financial information that proves they are financially stable and able to pay employee wages.

Completion of the DS-261 Form

Form DS-261 is the Online Choice of Address and Agent is where you document how or to whom you want correspondence regarding your visa status sent, whether that’s directly to yourself or to an agent, like your immigration attorney at WA Law Group.

Undergoing a Medical Evaluation

Undergoing a medical examination by a licensed physician, which may include securing a vaccination history or receiving new or booster shots is necessary as qualifying criteria for this EB3 visa class.

Compile Further Documentation Required for the EB3 Visa

It’s an applicant’s responsibility to secure the following documentation and submit it along with their application as appropriate:

  • A valid passport
  • A job offer from a U.S. employer
  • The approved labor certification and petition
  • Proof of completion of a medical examination
  • The printed DS-261 confirmation page
  • Two recent photographs
  • An up-to-date resume
  • Any academic diplomas or certifications required or relevant to the job position
  • Any court or criminal records (if applicable)

It’s also important that you bring these with you during the next step (an interview with a consular officer).

Visa Interview

After reviewing the submitted documents, the National Visa Center will schedule an interview at the nearest U.S. Embassy. You must be at the interview site at the scheduled time or potentially delay the processing of your application or have it denied altogether.

At that meeting, you can expect the consular officer to ask you questions about your background and to request supporting documentation regarding your EB3 visa application, all of which are intended to help them make a more informed decision in your case.

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