What is an EB-3 PERM visa

The EB-3 PERM visa is a third-preference immigrant visa that allows foreign skilled workers, professionals, and unskilled workers to work in the US.

Skilled workers, professionals, and other workers can use the EB-3 PERM visa to work in the US. Learn how this visa category works and how to qualify and apply.

Employment-based visas are divided into five preference categories. The EB-3 PERM visa is a third-preference immigrant visa that allows foreign skilled workers, professionals, and unskilled workers to work in the US. It may apply to applicants who don't qualify for EB-1 and EB-2 visas.

The US Citizenship and Immigration Services (USCIS) issues about 40,000 EB-3 PERM visas annually. With this visa, foreign nationals who qualify may live and work in the US permanently. You and your dependents could also be eligible for citizenship.

How does an EB-3 PERM visa compare to other employment-based visas?

About 28.6% of employment-based immigration visas released every year are EB-3s. Because the EB-3 is a third preference category, it imposes less strict requirements than first (E-B1) and second (E-B2) preference visas. This can sometimes translate into slower processing times.

The good news is that nearly all jobs qualify for the EB-3 qualification. Applicants don't need to prove extraordinary ability (EB-1) or have an advanced degree (EB-2). You also don't need to prove that your job, project, or ability will significantly benefit the nation.

Deel's Immigration platform handles visa applications, so you don't have to. Our immigration experts handle eligibility checks, employee sponsorship, visa applications, and compliance from one user-friendly dashboard, and with a 90% approval rate.

How does an EB-3 PERM visa benefit employers and employees?

The EB-3 visa grants you permanent residency in the United States. As a permanent resident, you can travel in and out of the country more freely, enroll in an in-state college, and change employers. Your spouse and children under 21 can also join you in the country.

The spouses and children of foreign workers with an EB-3 PERM visa are eligible for E-21 and E-22 visas. Under these categories, your children can study in the US, and your spouse can obtain employment authorization to work in the country. An EB-3 visa is also a viable route to citizenship status.

As an employer, the EB-3 category lets you recruit global talent from non-US countries for your US team. The criteria are less strict in this category, which means audits are also less stressful.

While it is easier to get an EB-3 visa than an EB-1 or EB-2, the application process is still a compliance minefield. Deel’s immigration experts will assess all the visa options for your existing employees and highlight the documents and costs required for an application.

“Deel saves us around two to four months to hire and relocate in any country where we don’t own an entity. We’ve been able to hire more than 150 people and have also relocated more than 10 employees.” - Luka Besling, HR Manager, Revolut

Who is eligible for an EB-3 PERM visa?

You may qualify for an EB-3 PERM visa if you are one of the following three things. A:

Skilled worker

The USCIS defines a skilled worker as one whose job requires at least 2 years of training or work experience. Your job as a skilled worker should not be seasonal or temporary. In some cases, post-secondary education may count as training.

Professional

Also per the USCIS, a professional is a foreign national with a US baccalaureate degree or a foreign equivalent. The degree must be in the same field as the job offer and a normal requirement for the position. In this case, post-secondary education or experience cannot replace a degree.

Other/unskilled worker

You are an unskilled worker if you perform unskilled labor that requires less than 2 years of training or experience. As with the “skilled worker” qualification, your job must not be seasonal or temporary.

See also: Worldwide visa support for dependents

Skilled, professional, and unskilled workers applying for the EB-3 PERM visa must have a valid full-time job offer from a US employer.

How do you apply for an EB-3 PERM visa?

The EB-3 PERM’s somewhat lenient eligibility criteria open it up to more people than the EB-1 and EB-2 categories. If you qualify for the EB-3 visa, you may apply through the following three steps:

Apply for labor certification

As an employer seeking to hire workers under the EB-3 PERM visa, you must apply for PERM labor certification from the DOL. File and submit Form ETA 9089, accompanying it with proof that you have:

• Sent the beneficiary a valid job offer
• Included a wage offer equal to or greater than the prevailing wage in the given occupation
• Confirmed that there are no qualified American workers for the job

The DOL places great emphasis on the third requirement to protect US workers' employment interests. To meet this criterion, submit a job order to the State Workforce Agency (SWA) and let it remain active for at least 30 days. Advertise your job offer in a widely circulated newspaper and at least three other channels on 2 consecutive Sundays. If no US workers apply or qualify, submit your PERM labor certification application.

File Form I-140 (Immigrant Petition for Alien Worker)

The PERM labor certification process may take about 180 days. Once your labor certification is approved, file Form I-140 with the USCIS. This Form notifies the USCIS that the beneficiary you wish to sponsor is qualified to fill the position and that you can pay them. To file this Form:

• Fill in all the required details
• Attach your labor certification
• Attach supporting documentation proving the beneficiary’s qualifications
• Pay the filing fee

Read the USCIS instructions for more guidance

Apply for the EB-3 visa

After USCIS approves Form I-140, the application process shifts to the beneficiary. You can apply for the EB-3 visa at a US embassy or consulate in your home country. If you are in the US on a different visa, you can file Form I-485 with the USCIS to change your status to permanent resident.

To apply for the EB-3 visa:

Create an account with the USCIS and complete Form DS-261

Once you receive a confirmation notice, submit the approved labor certification and Form D6-261 or I-140 petition

Attach your supporting documents

The embassy, consulate, or USCIS will usually inform you of the documents you must submit.

Need help applying for the EB-3 PERM visa? Deel Immigration has a 90% approval rate. Our in-house immigration experts are ready to help you gather your documents, send your application, and fast-track the process.

Watch our on-demand webinar: US work visas Learn how to secure US work visas efficiently so you can get your team operational in the US in a fraction of the time. Watch now.

What is the processing time for an EB-3 visa?

The time it takes to get your EB-3 PERM visa depends on several factors, including your employer and country of origin. The USCIS limits the number of EB-3 visas available to each country. Countries with more applicants, like China and India, may therefore experience longer wait times.

The duration also depends on how long each stage of the application process takes. Labor certification approval usually takes 180 days. However, it could be delayed by up to a year if your US employer is audited. It could also take a shorter time if they already have labor certification.

You can expedite the Form-I-140 stage of the EB-3 visa application process. Premium processing can cut the average time from 6 months to 15 days. The rest of the timeline will depend on where you are applying from. You can learn more about wait times here.

Track your EB-3 PERM visa application status with Deel’s in-app tracker.

Can a beneficiary self-petition for an EB-3 PERM visa?

No. The EB-3 PERM category does not include a self-petition option. The visa application process begins with a US employer, who must offer you a full-time job offer and demonstrate that no US workers are qualified for the position.

See also: How to get a US work visa for a foreign worker

Can you improve your chances of getting an EB-3 visa?

While you cannot control whether or not the USCIS approves your application, you can improve your chances of approval. Most EB-3 PERM visa applications stall at the labor certification stage. As an employer, you can avoid an audit by meeting the eligibility criteria for labor certification. You must also file all the necessary documents and meet the prescribed timelines.

Deel's immigration experts can help you prepare documents and file for certification.

See here how Deel helps Prenetics hire specialty employees worldwide with immigrant visa sponsorships, onboarding support, and payroll compliance tools.

“All the information is upfront in a user-friendly dashboard, one that they can easily pull up to check on all the core things that matter to them in a way that is clear and easy to keep track of. Employee experience matters a lot for Prenetics, and we believe that experience should start at the offer stage,” — Samantha Kwok, Vice President of People and Operations at Prenetics

Are there any legal issues associated with the EB-3 PERM visa?

Yes. The DOL prohibits US employers from hiring immigrant workers for positions that US workers can fill. This is why obtaining labor certification is the most complex stage of the visa application process.

Once you hire a worker on the EB-3 PERM visa, the DOL also checks that you pay them the prevailing wage. US employers with EB-3 visa workers may be subject to random or targeted audits.

See also: How Deel is reinventing the immigration journey

Fast-track your EB-3 PERM visa application with Deel Immigration

Getting approved for the EB-3 PERM visa can help you expand your team. As a beneficiary, this visa can make you eligible for citizenship.

At Deel, our immigration experts are dedicated to helping you achieve your hiring and immigration goals. Our all-in-one platform combines all the tools you need to apply for the EB-3 visa, including an eligibility checker and visa tracker.

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