EB-3 Visa: The PERM Process Explained
The EB-3 visa, designed for skilled, professional, and other workers, often requires a crucial step: obtaining a permanent labor certification through the PERM process. Here's a breakdown of how PERM works for EB-3 applicants:
Employer's Role: Testing the US Job Market
Setting the Bar: The employer defines the job's requirements (education, experience, skills).
Spreading the Word: Ads are placed in newspapers, on the company website, and with state workforce agencies to attract qualified US workers.
Formal Offer: Once a suitable candidate isn't found, the employer can offer the position to the foreign worker, meeting the prevailing wage.
Before PERM: Determining the Prevailing Wage
The employer requests a prevailing wage determination from the US Department of Labor (DOL). This sets the minimum salary for the offered position.
Filing the PERM Application Electronically
The employer submits the PERM application through the DOL's system. It details the job requirements, recruitment efforts, and the foreign worker's qualifications.
Department of Labor Review and Decision
Review for Compliance: The DOL examines the application to ensure proper recruitment and adherence to regulations.
Potential Audits: In some instances, the DOL may request additional documentation to verify the submitted information.
Labor Certification Granted (or Denied): If everything is satisfactory, the DOL issues a certification, indicating a lack of qualified US workers for the position.
Moving Forward: Form I-140 Petition
With the approved labor certification, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
Visa Availability and Next Steps
Visa Bulletin and Priority Date: The foreign worker's eligibility for an immigrant visa depends on the visa bulletin and their priority date (when the petition was filed).
Adjustment of Status or Consular Processing: If a visa becomes available, the foreign worker can either apply for adjustment of status (if in the US) or consular processing (if abroad).
Key Takeaway:
The PERM process can be intricate. Working with immigration attorneys can ensure a smooth journey and address any challenges that may arise.
You need some help with your EB-3? in us immigration consultants can help you with all your process to submit your application successfully!