Frequently Asked Questions About EB-3

EB-3 questions cannot be answered in one sentence without knowing the subcategory of the job and the process the employer will carry out. In particular, generalizations such as "no experience is required", "the employee pays all expenses" or "you can work once the I-140 is approved" are not true. ¹²³

Is EB-3 possible without a college degree?

It may be possible for some EB-3 subgroups. While the professional subgroup requires the appropriate bachelor's degree, the actual education and experience requirements for the job may differ in the skilled worker or other employee group. Which group the candidate is suitable for is determined by examining the job offer and his/her own documents together. ¹

Can I apply without any experience?

Other groups of workers may include jobs requiring less than two years of education or experience; But that doesn't mean every job requires zero experience. If the employer has legitimate minimum requirements, the candidate must meet them. The permanent and non-seasonal nature of the job is also important. ¹²

Can I apply for EB-3 in my own name?

The EB-3 is generally based on an actual job offer from an eligible U.S. employer and an employer petition. A person seeking the opportunity to apply without a sponsor on his or her own behalf can consider different methods such as EB-1A or NIW, if the conditions are suitable. The legal standard for these categories is different from EB-3. ¹⁴

Does every EB-3 file have PERM?

Most files require PERM, but there are special paths such as Schedule A. Therefore, it should not be said that every profession will go through the same DOL hiring process. The path to be used is determined by the nature of the profession and special conditions. An exception does not mean that employer or candidate eligibility is completely eliminated. ²

Can the employee pay PERM costs?

Imputing PERM-related employer recruitment expenses and employer attorney expenses to the employee is subject to significant prohibitions. Indirect reimbursement or salary deduction is also examined. A person's own separate representation expenses may be evaluated differently. For the expenses of I-140 and subsequent stages, a separate examination should be made without assuming the scope of the same rule. ²

Is it safe to find a business sponsor by paying money to a company?

Payment alone does not indicate compliance or reliability. The real employer, the real job, the scope of the service and the expenses to which the fee belongs should be examined. The approval guarantee or vague “program fee” does not replace legal conditions. In particular, it should be evaluated whether prohibited PERM expenses are transferred to an employee under another name. ²

Can I work in the USA after receiving I-140 approval?

I-140 approval alone does not provide authorization to work. Working in the United States requires separate valid status or appropriate work authorization. Likewise, approval does not automatically extend the existing stay. The final Green Card stage and current immigration status are evaluated separately. ³⁵

Does premium processing speed up the whole process?

No. There is a premium processing time of 15 business days for the EB-3 I-140. This does not cover the PERM period, visa number, I-485, or consular processing. Moreover, taking action within a certain period of time does not mean a definitive positive decision. ⁶⁷

Can my wife and children come with me?

Eligible spouses and children may benefit from derivative immigration. Each family member's documents and personal suitability are evaluated separately. Age protection rules are especially important for children approaching the age of 21. Opening the principal's file does not provide immediate employment or entry rights to the family. ¹⁵³

What happens if the employer gives up on the process?

The outcome depends on what stage the PERM, I-140, and I-485 are in and the new job opportunity. Transferring to another employer does not necessarily mean simply transferring the same file. Issues such as preservation of the priority date or portability should be examined separately with applicable conditions. ¹⁵

Is it mandatory to work for the same employer for a certain period of time after receiving a Green Card?

It is not right to put forward a single "six months" or "one year" rule that applies to everyone. The authenticity of the job offer and intention to accept is important; Conditions that change subsequently are evaluated according to the case. Carrying out a process on a job that will not actually be worked on from the beginning is a different legal problem. ¹

Can I calculate my waiting period if the date on the visa bulletin is advancing?

Applying the progress rate of the table in recent months linearly into the future is not a reliable method. Demand, annual number limits and category/country distribution may vary. The EB-3 and other employees line should also be checked separately. For intra-US I-485, the table that USCIS chooses that month is also important. ⁷