Apply for the Employment-Based US Green Card EB-3 Visa Sponsorship

What do you need to do to apply for the employment-based US green card EB-3 visa sponsorship
Visa sponsorship available, earn a US Green Card. Open Jobs in food production, caregivers.

WHAT IS PERM?

Federal law permits U.S. businesses to hire foreign workers to work in full-time, permanent positions that cannot be adequately filled by the existing U.S. workforce. “PERM” is an acronym for the Department of Labor’s (“DOL”) online filing system for this type of application and, colloquially, it is used to describe the entire process.

Ruby Law Group represents employers across the country in the PERM/EB-3 process. We are unique because we can also connect U.S. employers with foreign nationals from all around the world seeking to move to the United States and take hard-to-fill jobs. The employees coming from abroad to take these jobs are prepared to commit long-term to the positions they are offered. We have successful experience helping businesses in the janitorial, hospitality, and home health care industries, among others.

U.S. businesses can sponsor employees in visa categories that lead to permanent residence for the employee if they can show not enough labor supply exists in the local market. This process involves a number of steps. First, the Department of Labor or “DOL” provides us with localized wage information and we are required to undertake steps to show a staffing shortage. Once that is complete, we file a petition with U.S. Citizenship and Immigration Services. Finally, the candidates undergo a background check by the Department of State in their home country and are able to move to the U.S. and start the job.

Employers in the U.S. may set reasonable parameters for the positions in line with what they expect of domestic staff – willingness to work certain shifts, physical capabilities needed for the job can be required, and other necessary requirements may be set. We will work with employers to ensure their needs are met while also making certain we scrupulously follow all program requirements.

RLG has an extensive network around the world of ready, willing, and able workers and we help connect employers with suitable candidates who fit the necessary parameters through our affiliated placement business, PERM Labor LLC. Click here for more information about that side of the process.

If you wish to discuss the possibility of starting this process with us, please get in touch today. You reach Mr. Ruby at pruby@rubylawgroup.com or by phone at 646-745-7458. We have references available and can also provide documents to show our long track record of success at all of the stages described above.

 

What Are the Processes Involved?

We have a whole page devoted to that if you click here. That is usually enough information to get a feel for what we are doing, but if you want more details or samples of the various types of advertisements, applications, and so on, please ask us and we can give you anything from a one-page color-coded process chart to our 30-page employee training manual on the PERM process.

How Much Does It Cost?

The rule is that the employer must cover costs connected to the Labor Certification process. However, this program can be highly scalable because the most significant cost to the employer is fixed, meaning there’s often not a significant cost difference in hiring one worker or 100 workers. The employer must pay for the newspaper ad, which varies from about $200 to $2,000 or more based on location (most of the U.S. will be $500 to $1,000 or so). The employer must pay any of its own legal costs connected to the DOL application process and may not seek reimbursement from candidates. Thus, this program is most cost-efficient for employers hiring perhaps 10 or more employees at once to fill the same less skilled or entry-level role. When it comes to costs relating to immigration applications, many of these can be borne by the workers (for example, fees connected to visa processing including the Department of State background check).

How Long Does It Take to get the Employment-Based US Green Card EB-3 Visa sponsorship?

Realistically, an employer is probably looking at it about a year before anyone is in place. The processes mostly have to be done in order and there are no shortcuts. Government processing times have increased due to budget cuts and increased interest in the program. We will do our best to keep everyone on track, but it is a long process that really will only be tolerable for an employer facing chronic staffing issues.

How Many People Can I Hire Based On My Recruitment?

There is not a fixed maximum number of employees an employer may hire based on one round of recruitment. However, an employer must certify it has the ability to pay everyone it is hiring. We can work closely with employers to establish their needs and their theoretical “maximum” number of hires.

Who picks/Hires the Overseas Candidates?

You do. While RLG has a vast network of candidates we can refer or introduce to you and is more than happy to help in setting up Zoom or FaceTime interviews, the ultimate hiring decisions are the employer’s alone and it is not something we meddle into.

HOW do I know the Candidates can do the job?

Whatever parameters an employer may set for its U.S. workforce and are reasonably connected to the job duties, we can set on the overseas candidates. For some jobs, this may be the willingness to work certain shifts or take on overtime. For others, it may be physical abilities or, in the case of many production environments where safety is a concern, English language skills. We work with employers in several industries, so people also self-select and orient themselves towards what is a stronger fit for their skills and capabilities. For example, someone who has been a stay-at-home mom for several years may wait to apply until she sees a vacancy with a home health care employer whereas a young, single man may be looking for a place with a food production company that offers more physical work, but the ability to make good money through overtime. Plus, the employer can interview everyone to assess fit as mentioned above. For all these reasons, we are confident the candidates an employer ultimately selects will be great fits.

How Much Do I Have to Pay The Overseas Candidates?

Employers cannot use this program to adversely impact wages of U.S. workers in similar positions, so incoming workers must be paid the greater of the Prevailing Wage determined by the Department of Labor or the employer’s customary wage for employees in that particular role (and skill level, if applicable). The attorney will provide the DOL with the information needed to make that determination – called a “Prevailing Wage Determination” or “PWD” – and they will respond with the necessary wage rate for that particular job in your area. The greater of that amount or the amount the employer customarily pays similarly-situated employees is what must be paid to the overseas workers being hired. For example, if no skills or experience are required for a position at which the employer customarily pays $12.00 per hour and the PWD comes back at $11.55, the employer still must offer the foreign worker the wage of $12.00 per hour.

If I Cannot Save Money on Wages and I Have To Cover Other Costs Involved With Obtaining The Lc, How Does This Make Sense For My Business?

It may not. This program is available to any U.S. employer but is used almost entirely by either employer needing to fill positions that are either quite high-skill or low-skill. If your business is able to regularly hire and retain employees, then you do not need this program. On the other hand, if you are an employer facing chronic labor shortages or constant turnover, this program can be invaluable.

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Like we said above, the biggest types of roles we have helped employers fill via this program are things like food production staff, janitors, home health aides, hotel housekeepers (pre-COVID at least), and things like that – industries that need lots of manpower and employees doing work that cannot be automated and requires little by way of professional skills or education.

How Long Will the Workers Stay with the Employer?

The positions must be permanent, full-time ones with no fixed end date. You may employ them as long as you like and as long as business conditions allow for it. Both sides must enter into that arrangement in good faith. In practice, the DOL will not dispute the good faith arrangement if the employee remains with the company for at least one year.

Where Do the Workers Come From?

Employers can file for a Labor Certification (“LC”) from anywhere, but there are some practical considerations here as well. In reality, people from high quality-of-life countries are less interested in uprooting themselves and migrating to the U.S. because they are happy where they are. Thus, we have few workers from Western Europe, for example, interested in this program. On the other hand, moving to the U.S. is a fairly costly endeavor, so we also do not see workers coming from truly developing and evolving nations either. Most of the workers we see who are interested in this program are middle- to professional class individuals in countries with middling economies. In our experience, these have been: Philippines, Bangladesh, and Sri Lanka as the largest, alongside more modest interest from Thailand, Vietnam, Japan, Brazil, Pakistan, the Gulf Region, and Western Africa.

We will also explain why China and India, two countries that are known for significant immigration to the U.S. are missing from our list above. Within the immigration system, there are rules that say people born in any one particular country cannot take up more than a certain percentage of all visas given. For high population countries, this results in a waiting queue of people with approved cases who cannot be awarded visas (and thus cannot come and begin working). For example, in this visa category, China and India now have backlogs of several years. Most employers are annoyed enough by the roughly one year wait to get the workers and are not inclined to wait 10 years or more for someone from one of those countries. The Philippines also had a modest backlog in recent years, though it is gone now (and was only about 4 additional months when it was in place).

Find out more about the Employment-Based US Green Card EB-3 Visa sponsorship official website Here…..

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