EB-2 & EB-3

Employment Second Preference(EB2) & Employment Third Preference (EB3)

In the cases of EB2 (except for NIW) and EB3, you should obtain a labor certification from the Department of Labor (DOL) first. When the labor certification is approved, then the employer files an immigrant visa petition (I-140) and the employee files for an application for permanent residence (I-485 or immigrant visa processing). Thus, the process involves three steps; 1) Labor Certification Application (DOL), 2) Visa Petition (I-140), 3) Application for Permanent Residence (I-485)

– I. Labor Certification (L/C) Application

The purpose of L/C application is to show that 1) there are not sufficient workers who are able, willing, qualified and 2) the employment of such alien will not adversely affect the wage and working conditions of workers in the U.S. similarly employed.

To do this, the employer must do the following steps.

1. Prevailing Wage Determination: the employer should request a prevailing wage (PW) to the DOL who determine how much the employer will pay. Depending on the requirements of the position, the occupation will be rated from Level I (entry level) to IV (advanced), with corresponding prevailing wages.
2. Employer Advertising and Recruitment: the employer must 1) place a job order with state work force agency 2) post a job notice at the worksite, and 3) publish two newspaper advertisements (on Sundays). In case for Professional jobs, the employer must conduct three additional steps from 1) job fairs, 2) on-campus recruiting 3) the employer’s website 4) trade or professional organizations 5) a job search website other than the employer’s 6) private employment firms 7) employee referral program 8) advertising with campus placement office 9) advertising with local or ethnic newspaper and 10) advertising with radio or TV ads
3. Submit Labor Certification Application: After the recruiting has been completed, but if the employer cannot find a qualified, willing, and available US worker, then the employ can submit a L/C application to DOL.

– II. I-140 Visa Petition 

Once the labor certification(L/C) application is approved, the employer can file the visa petition (form I-140) to classify the employee as an immigrant to the U. S. Citizenship and Immigration Services (USCIS). It must do so within 180 days of approval.

At this point, the employer must show the ability to pay the prevailing wage from the time the labor certification was filed. If you want to request faster processing, you can request premium processing with filing fees (currently $1,225). Then USCIS will determine your case within 15 days.

– III. I-485 Application for Permanent Residence or Immigrant Visa Processing

After the visa petition (form I-140) is approved and an immigrant visa number is available (your Priority Date has become current), the employee applies for permanent residence (Green card application), either with USCIS in the U.S. or through the consulate abroad when you are not in the U.S.

1. If the employee is in the U.S., it also may be possible to file the I-140 petition and the application for permanent residence together when your visa number is available.
Depending on your employment-based category, you may have to wait several days to several months before filing for permanent residence. Please see Visa Bulletin page on the U.S. Department of State website(https://travel.state.gov/content/visas/en/law-and- policy/bulletin.html) and the USCIS Processing Time Information page on this website (https://egov.uscis.gov/cris/processTimesDisplayInit.do)

2. When the I-485 application for permanent residence is filed, the employee may apply for a work permit and a travel permit together with the I-485.

3. The employee’s spouse and unmarried children under 21 can apply for permanent residence, whether they are in the United States or abroad. If they are in the United States, they can apply for work permits and travel permits, too.

4. If the employee is outside of the U.S., the employee must file the green card application at a local U.S. consulate and attend an interview there before coming to the U.S.