EB-3 Based on PERM

EB-3 petitions are for individuals who are professionals (with bachelor’s degrees), skilled workers, or unskilled workers. The first step is the PERM process, which includes a minimum wage for the employee and extensive recruiting to determine that no U.S. worker is available for the position. Once the Department of Labor issues a labor certification at the end of that process, employers can sponsor these employees for permanent residence by filing Form I-140. Most immigrants can apply for permanent residence (green card) immediately after I-140 approval, but there are significant backlogs for immigrants from China, India, and the Philippines. There are also backlogs for immigrants from other countries.

Individuals with approved I-140s can apply for extensions of H-1B status until they are able to obtain a green card. This rule allows employees from China, India, and the Philippines to remain in the United States while waiting for their green cards.

MT Law has significant experience with I-140 petitions, and regularly provides innovative solutions to companies seeking to move and retain talent in the United States while the employees wait for green cards.

If you are thinking about sponsoring an employee for permanent residence under EB-3 classification, please contact us today for a consultation.