Typically, employment-based immigrant visa petitions involve three main steps:
The employer files a labor certification application (PERM application) with the Department of Labor (DOL).
Once the PERM is certified by the DOL, the employer files an I-140 Immigrant Visa application on behalf of the alien. This petition is filed with the United States Citizenship and Immigration Services (USCIS).
The foreign national applies for an immigrant visa at a U.S. Consulate, or if the foreign national is presently in the United States pursuant to a lawful admission, and/or is eligible to adjust status to permanent resident status, he or she may apply for adjustment of status while in the United States. The filing of the adjustment of status application allows the foreign national to remain in the United States during the pendency of the application.
The timing of the EB3, I-140 process depends on the employment-based category under which the employment opportunity falls and the priority date of the petition. Please refer below to an overview of each of these steps.
EB-3 Visa - Eligibility Requirements
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
Skilled workers positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education.
Other workers are positions that require less than two years of higher education, training, or experience.