EB-3 Visa: Employer-Sponsored Green Card

EB-3 is an immigration category conducted through a permanent, full-time job offer from an eligible U.S. employer. There are different subgroups for skilled workers, professionals and other employees. Most files require PERM labor certification; However, since there are also special routes such as Schedule A, it should not be said that "the same PERM process is mandatory in every EB-3 file". ¹²

EB-3 is not a program where a Green Card can be purchased for a fee. The reality of the job, the candidate's ability to meet the job conditions, the employer's obligations and the visa order are evaluated together. An intermediary's employment or approval guarantee does not replace legal requirements. ¹²

Three subgroups of EB-3

In the skilled worker group, it is important that the job requires at least two years of education or experience and that the candidate meets this requirement. Appropriate U.S. bachelor's degree or foreign equivalent is required in the professional group; The job must also be appropriate to this level of vocational education. Other groups of employees may include temporary or non-seasonal jobs that require less than two years of education or experience. ¹

The phrase “other employees” does not mean that everyone can apply without any conditions. The employer's actual job requirements, the candidate's ability to meet them and the acceptability conditions are also examined. Additionally, the order of this subgroup in the visa bulletin may differ from the other EB-3 line. ¹³

What does the employer undertake?

The employer offers the appropriate permanent job, conducts the necessary labor market process, and submits the I-140 application. The capacity to pay the offered fee is also documented from the relevant date. Just having the company established or signing an offer letter is not enough. ¹²

The job duties, minimum requirements and workplace must be consistent across the different stages of the application. It is not right to establish a process based on fabricated job conditions or a position that does not actually exist for a candidate. Under PERM, the employer must evaluate US employees in accordance with the legislation. ²

What stage does PERM refer to?

In the normal PERM route, the appropriate wage level for the job is determined, the necessary recruitment steps are carried out, and a workforce certificate is requested. This process involves broader obligations than just the employer's agreement with the foreign candidate. DOL review and possible audit is a separate phase from the I-140. ²

Certain occupations within Schedule A may have a different documentation and application structure. This exception does not mean that employer or candidate conditions are completely eliminated. Which method to use should be determined based on the profession and the concrete file. ²

Who pays the costs?

Employer recruitment expenses related to PERM and the transfer of the employer's legal expenses to the employee are subject to significant limitations in terms of the relevant regulation. It may also cause problems if the employer collects these expenses through deductions from the salary, reimbursement or indirect means. A person's own separate legal representation expenses may be evaluated differently. ²

It is not right to extend this rule indiscriminately to all immigration costs. Expenses for PERM, I-140, visa or I-485 phases should be examined separately. If a contract states the total "program fee", it should be clearly asked which amount belongs to which service. ²⁴

What happens after I-140 approval?

Employer submits I-140 on labor certification or appropriate alternative basis. At this stage, job and candidate conditions and the employer's payment capacity are evaluated. Approval alone is not a permit to work or stay. Visa number and personal suitability are required for the final residence phase. ¹⁵⁶

EB-3 visa order may vary depending on country quota and subcategory. Carrying a Turkish passport does not mean that the country quota is determined by citizenship in every case; country of birth and applicable exemptions are generally examined. The monthly table should not be read as a fixed total waiting time. ³

What should be examined before accepting a job offer?

The identity of the employer, its actual activities, location of work, duties, wage structure and distribution of expenses must be understood. Guarantees of approval, uncertain intermediary fees, and structures that prevent a direct relationship with the employer should be carefully evaluated. These warnings do not mean that every broker is inappropriate; recommends an investigation that does not rely on undocumented promises.

For the evaluation with Clinch Law Firm, a job offer, candidate's education and experience records, previous immigration documents and wage agreements, if any, can be prepared. The right start in EB-3 is just “is there a sponsor?” It is not a question of which actual work and with what legal obligations the sponsorship will be carried out. ¹²