If you don’t know how to get a Green Card visa for work in the United States, this is the opportunity to learn about the possibilities. See all the important information to change the course of your professional and personal life, as you are moving to the United States to live this dream!
The EB-3 visa is a document that allows permanent residency for those who are qualified professionals and even for unskilled professionals.
There are several ways to obtain a US visa. We will list some possibilities. The employment visa is intended for those who intend to enter the United States. It is equivalent to “qualified worker, professionals and others” in order to assume a specific position that requires, respectively:
- baccalaureate or equivalence training;
- 2 years of training or 2 years of on-the-job experience;
- or, in some situations, less than two years of experience to gain proficiency.
How to Get a Green Card Visa for Work in the United States: EB-3
The EB-3 promotes the establishment of a lower standard than other visas, and therefore, it is relatively easier to achieve. However, there is a waiting list for you to be approved and it varies by country. Lucky for us, there aren’t many EB-3 visa applicants in most countries.
Most EB-3 applications cannot have temporary (non-immigrant) visa adjustments until the petitioner’s priority day becomes effective.
Labor Certification
Each EB-3 brings the requirement that there is a labor certification process – PERM in conjunction with the DOL – Department of Labor.
PERM is the process in which the DOL – US Department of Labor requires that the interested party analyze the market to prove that there are no willing or qualified people in the area for the establishment, legally, in the country, and that are available to fill the occupancy.
The lawsuit also requests the preventive determination of wages, which generally considers:
- posting with the relevant State Labor Agency;
- publication of an advertisement in a relevant newspaper on consecutive Sundays;
- publication of a job advertisement in a visible location in the professional scope and intranet/web page of the company;
- 3 selection processes for recruitment, according to specific regulations.
I heard that there are many cases where a person cannot obtain the EB-3 type Green Card. Why does this occur? It is true?
Yes, this happens frequently and for a variety of reasons. As you saw earlier, the company needs to justify hiring the foreigner using the EB-3 visa. Whether due to qualification or lack of manpower. There are other companies that offer the legal immigration service to the United States with the EB-3 visa.
How does this process work in general?
For example, we have partnered with one of the largest legal immigration companies to the US with a work visa, Visa Solutions. Our American partner is responsible for taking care of all the bureaucracy and finding partner companies that are willing to hire foreigners and that can also absorb this demand. Can you imagine petitioning for the job, and when approval occurs, the company will just give up on you? This occurs with many agencies that promise amazing things for both sides (employer and foreign worker).
And how can I prevent my EB-3 visa from being denied?
For this, you must first research about the company you are doing business with. Make sure there are no legal proceedings open against the company. After verifying the company in your country, verify the company in the United States. See her name, try to inform yourself before closing the contract.
Now that you have seen that the company is a serious company, you need to check if it fits the parameters for obtaining the visa: justification of lack of qualification or amount of manpower available to fill the position you are applying for.
In cases of food, such as a cafeteria, it makes no sense to bring someone from outside to fill the vacancy. There are many Americans willing to do this type of service, and manpower is not scarce. In the case of America Project, we work with companies that really manage to justify this need. We have partnerships with companies that hire hundreds or thousands of people a year, and that are growing fast. This means that these companies have a large need for manpower and find it difficult to hire.
Also, to justify this issue, our American employers are able to justify that the cost of bringing in someone from outside, even with additional process costs, is still much cheaper than hiring an American, because the turnover of these employees is much lower.
Sponsor Company for the USA
Sponsor is the nomenclature given to the employer who is responsible for foreigners in the United States.
The visa, in this case, is the H1-B. It is the document most sought after by foreigners seeking to work in the United States. The visa is reserved for professionals who are qualified, either by university education or by the time of experience in the professional market.
US work visa
There are several types of work visas in the United States. In this post we talk about the Green Card for Work visa, the EB-3.
It is important to mention that there are other types of American work visas.
Temporary work visas in the United States
Temporary work visa H-1B: Person employed by specialty
The H-1B visa is for those who want to work in a specialized occupation. Requires a higher education degree or equivalent. It includes distinct merit and capability models and government-to-government research and development, or Department of Defense-administered co-production projects.
Type H-2A US Temporary Work Visa: Temporary Agricultural Worker
For temporary or seasonal farm work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the interest of the United States.
Type H-2B visa: Temporary Non-Agricultural Worker
For temporary or seasonal non-farm work.
H-3 Visa: Trainee or Special Education Visitor
To receive training, other than a medical or academic degree, which is not available in the trainee’s home country or practical training programs in the education of children with mental, physical or emotional disabilities.
Type L work visa: transfer within the company
Work in a branch, parent, affiliate or subsidiary of the current employer, in a managerial or executive capacity, or in a position that requires specialized knowledge. The individual must have been employed by the same employer abroad continuously for 1 year within the last three years.
There are other types of visas such as type O (Individual with extraordinary ability or achievement), P1 (Individual or team athlete or member of an entertainment group), P-2 and P-3 (Individual Artist or Group) or Q1 (Participant in an international cultural exchange program).
Some temporary worker visa categories in the United States require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the petition for a nonimmigrant worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine if labor certification is necessary for you.
Employment (work) based immigration visas to the United States
Work-based immigration visas in the United States have 5 categories. The visa we work with is type E3, or EB3 for unskilled workers. Therefore, we can say that to participate in the our program, there are not so many technical qualification requirements. The most important thing is to be sure that you want to make that decision and follow through with your dream.
First job preference (E1): priority workers
People with extraordinary ability in science, arts, education, business or athletics. Candidates in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. These applicants are not required to have specific job offers as long as they enter the US to continue working in fields in which they have extraordinary ability. These applicants may file their own Immigrant Petitions for Foreign Workers, Form I-140, with USCIS.
Outstanding professors and researchers with at least three years of teaching or research experience, internationally recognized. Applicants in this category must come to the US to pursue the profession, tenure track teaching, or a comparable research position at a university or other institution of higher learning. The prospective employer must provide a job offer and file an Immigrant Petition for Foreign Worker, Form I-140, with USCIS.
Multinational managers or executives employed for at least one of the preceding three years by the employer’s US affiliate, parent, subsidiary or overseas branch. The applicant’s employment outside the US must be in a managerial or executive capacity and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Foreign Worker, Form I-140, with USCIS.
Second employment preference (E2): Professionals with advanced degrees and people with exceptional ability
Professionals with an advanced degree (in addition to a bachelor’s degree) or a bachelor’s degree and with at least five years of progressive experience in the profession.
People with exceptional ability in the sciences, arts or business. Exceptional ability means having a degree of experience significantly above that normally found in the sciences, arts or business.
Third employment preference (E3): skilled workers, professionals and unskilled workers (other workers)
Skilled workers are people whose jobs require a minimum of 2 years of training or work experience that is not temporary or seasonal.
Professionals are members of professions whose jobs require at least a bachelor’s degree from a US university or college or its equivalent degree abroad.
Unskilled workers (Other workers) are people capable of filling positions that require less than two years of training or experience that are not temporary or seasonal.
Fourth employment preference (E4): certain special immigrants
A Fourth Preference candidate must be the beneficiary of an approved Petition for Form I-360 of Americas, Widow(s), or Special Immigrant, with the exception of Certain US Government Employees or Former Employees Abroad (see number 3 below). Labor certification is not required for any of the subgroups of certain special immigrants. Special immigrants receive 7.1% of the world’s annual employment-based immigrant visa limit.
Fifth Employment Preference (E5): Immigrant Investors
The Immigrant Investor visa categories are intended for foreign investors to invest capital in new commercial enterprises in the United States that provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.
Final Tips for Getting a Green Card for Work
With the help of a migration program for work in the United States, this experience can count on practicality. It is from this that the stories and lessons learned can gain the desired attention, without so much bureaucracy and obtaining a specific visa.
