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Corporate Immigration:Permanent Visas:Employment:EB-3: Professionals

EB-3: Professionals

Permanent residence applicants may be classified in the employment-based third preference category if they possess a Bachelor's Degree, or are considered a skilled or unskilled worker. Applicants in the EB-3 category must begin the process with Labor Certification. Each fiscal year there are 40,000 visa numbers (plus any unused visa numbers from the first two preference categories) available in this category. For more information on how to be classified in a preference category or how this backlog could affect your case, please contact Grzeca Law Group.

Permanent Residence FAQs

Stages in the Permanent Residence Process

If permanent residence is being pursued through an employer, there are two separate, but similar paths available depending on the current nonimmigrant classification, specific skills and requirements for the position.

Labor Certification

Stage 1: PERM

For the majority of employment-based permanent residence cases, the first stage of this process is to prepare documentation to file a "Labor Certification" application with the U.S. Department of Labor (DOL) on the foreign national's behalf. This is a procedure, known as "PERM", in which the employer must demonstrate to the DOL that there are no qualified U.S. workers available for the position offered. The Labor Certification process requires the recruitment of U.S. workers through specific venues. If, at the end of the 60-day recruitment period, no qualified, willing and able U.S. workers are available to fill the position, the employer may proceed with filing an Application for Permanent Labor Certification (ETA 9089) with the DOL. If the application is not audited, certification may be obtained within a few months.

Click here to learn more about Labor Certification.
Click here to learn more about the second and third employment-based preference categories, which usually requires completion of the PERM process.

Stage 2: Immigrant Petition for Alien Worker

Once Labor Certification has been secured, an Immigrant Petition for Alien Worker (I-140) based on the certification is filed with U.S. Citizenship and Immigration Services (CIS). In this stage, CIS classifies the petition in one of the employment-based immigration visa preference categories based on the requirements of the position and determines the potential employee's eligibility for the position.

Stage 3: Adjustment of Status or Consular Processing

Approval of the I-140, and the availability of an immigrant visa number, determined by the nationality of the foreign national and the employment-based preference category, will entitle the foreign national to proceed with the final step of the permanent residence process through the filing of an Register Permanent Residence or Adjust Status (I-485) or attending a final immigrant visa interview at a U.S. Consulate or Embassy abroad. Upon approval of the I-485 Application or consular processing, the foreign national will receive his or her permanent resident card/green card.

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