EB3 VISA

The EB3 visa is a work visa that guarantees permanent residence. If you want to sponsor a
foreign national to become a permanent resident based on a job offer, you and the foreign
national need to go through a multi-step process. The whole process usually takes one and a
half or two years. EB3 visa can be used to hire foreign nannies.

The first step is to publish the job offer in mainstream media. The family (employer) needs to
create an advertisement describing the job offer. The lawyer needs to contact the Department of
Labor (DOL) to verify if the ad meets the requirements and that the salary is at least the
minimum wage for the type of employment in the state.

The ad must be open to the public for three months. If someone is interested in the job, the
employer needs to interview the person and give a convincing justification to why that person is
not qualified for the job. The advertisement must be real and it cannot include characteristics too
specific that it gives the impression that the job was created exclusively for you. After the three
months we ask for the Labor Certificate at the Department of Labor explaining that you are the
only person interested and that you have the necessary characteristics for that job. The process
for obtaining a labor certificate can take 6 to 9 months (including the 3 months in which the
employer needs to post the job offer in mass media). With the approval of the Labor Certificate
you can now have your social security and receive the work permit.

The next step is to apply for a visa with the U.S. Citizenship and Immigration Services (USCIS).
With the approval of USCIS, we will start the process for the Green Card. The EB3 Green Card
lasts for 10 years and after that you have two options: renew your green card or start a
naturalization process to become an US citizen.
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The process is two-fold. In phase 1, all we are doing is qualifying the job opening and
requesting a DOL Labor Certification. This Certification is called PERM which is essentially a
certificate allowing a job opening to be filled by a foreigner once it has been determined that
either no one was interested in the job or no one was found to have the qualification required by
the position. At this point we are not even in any type of contact with Immigration (USCIS) – no
formal petition has been filed. Our main job is to assist you in offering the job, placing ads in
“mainstream” newspapers, community bulletin boards, etc. receive and keep records of
resumés, conduct interviews, and finally receive the Labor Certification. Without the Labor
Certification there will be no Phase 2. The usual time frame for the Labor Certification is 6 to 9
months. Phase 2 is where our attorneys are immersed in the process. The preparation and filing
of the EB-3 and Green Card (Adjustment of Status) are filed concurrently. At this point we will
also file for the EAD (Employment Authorization Document), travel permit (Advanced parole)
and Social Security (if needed). Phase 2 will only begin after the Labor Certification phase has
been completed.
You need to be legal in the country with a visa - it can be as an Au Pair, tourist or student. You
need to maintain a legal status in the country until the process reaches the immigration part.

Step 1: Your immigration attorney has to contact the Department of Labor to see what the
average salary is for a nanny in your area.

Step 2: Place the ads in newspapers and websites looking for an American or green card holder
for the job offer. You need to let the ads run for about 3 months.

Step 3: Send the hiring to the Labor Department. The department of labor will approve or deny
your request. It can take 2-5 months.

Step 4: With the approval from the Labor Department it's time to send everything to the
immigration. There are 4 different forms that you have to send. If approved, you receive 3
documents: Work Permit, Travel Permit and then Green Card. It can take 5 to 7 months to get
your Work and Travel Permit and 1 year after that for the green card. After sending the forms to
the immigration you don't need to maintain any status, just wait for the work permit.
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My Timeline:

● Begin of Process: 11/2018

● Labor Certification (LC) Filed: 04/2019
● PERM Audited: 07/2019
● PERM Approved: 12/2019
● I-140 / I-485 / I-765 / I-131 Filed: 01/2020
● I-140 / I-148 and fingers print were taken: 02/2020
● I-765 / I-131 approved: 03/2020
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QUESTIONS:

1. How can nobody be interested in the job? The salary offered in the advertisement is the
minimum and the family can be very specific in what they are looking for. For example: 2 years
of full time experience, fluent in Portuguese, experience with babies and working as live-in.

2. How long do you need to be working for the family? After getting the green card you have
to work for the family that hired you for at least 1 year. You will get the work permit first and in
this step the employer does not need to hire you, but they can hire you if they want to.

3. How much will they pay you? They will pay the minimum that the Labor Department said at
the beginning of the process. It can't be less than that but it can be more. Remember that you
will pay your taxes as a person who works here in this country. Your fees will be discounted.
Steps to Employment Based Green Card – EB3

1. PERM/Labor Certification
2. I-140 Immigrant Petition
3. I-485 Adjustment of Status

Step 1:
Why PERM Labor Certification? During this PERM Labor Certification step, Employers must
prove that there are no qualified American Citizens or Permanent Residents for this position and
foreign workers not taking jobs away from U.S. residents or citizens.

Steps to take:
· Job Description: Drafted, revised and finalized.
· Prevailing Wage determination request submitted to U.S. DOL (Department of Labor).
· Followed by Recruitment Phase.
· If no qualified US workers identified, file application with DOL.
· Date when the application is filed with DOL is your Priority Date (PD).
· DOL processes and approves PERM Labor Certification.

Processing Timeline: PERM Labor Approval 2 to 8 months

Step 2:
I-140 Immigration Application. Next step in the Green Card process is I-140 Immigration
Application. After Labor Certification Application has been certified by DOL I-140 application can
be filed.

Why I-140?
· Verify employee meets job requirements specified on the PERM/Labor Certification
Application.
· Verify the sponsoring employer can pay the offered wages to the employee.

Step 3:
Form I-485 Application to Adjust Status, the actual green card application which will be filed
after I-140 application is approved by USCIS.
· While filing I-485 application, you could file for (Employment Authorization) EAD and Travel
Permit (Advanced Parole)

Average processing time is 1-2 years, but one can legally work using the EAD until they approve
the GC.
 ● More information

https://www.uscis.gov/sites/default/files/document/guides/E2en.pdf

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immi
gration-third-preference-eb-3

https://www.nolo.com/legal-encyclopedia/can-i-help-my-nanny-get-green-card.html

● Lawyer - Jason Abrams

https://abramsvisas.com/

The whole process costs about $12000 - $13000 (paid in small amount throughout each step)