Securing a labor certification for an EB-3 visa is a meticulous process that involves several steps. Here’s a detailed guide on how to navigate this journey:

1. Job Offer: The first step in securing an EB-3 visa is obtaining a permanent, full-time job offer from a U.S. employer. This employer will act as your sponsor throughout the application process. The job must be for a skilled worker, professional, or other worker as classified under the EB-3 category.
2. Employer’s Commitment: Ensure your employer is committed to sponsoring you through the process. This includes understanding the responsibilities and timelines involved in the application. A dedicated employer is crucial for a successful application.
3. Prevailing Wage Determination: The employer must request a prevailing wage determination from the Department of Labor (DOL). This process ensures that the wage offered meets or exceeds the average wage for similar positions in the area, thereby ensuring that hiring a foreign worker will not negatively affect the wages of U.S. workers.
4. Prepare Job Description: A detailed job description should be prepared, outlining the job duties, requirements, and qualifications. This description is crucial for the recruitment process and the labor certification application.
5. Recruitment Plan: Develop a recruitment plan that includes where and how the job will be advertised. This step is essential to demonstrate that the employer has made genuine efforts to recruit U.S. workers.
6. State Workforce Agency (SWA) Posting: Post the job with the State Workforce Agency for a specified period. This posting is a mandatory requirement and helps to ensure that the job is accessible to local workers.
7. Newspaper Advertisements: Place job advertisements in a major newspaper on two different Sundays. These ads must include detailed information about the job, the employer, and how to apply. This step is vital in reaching a broad audience of potential U.S. workers.
8. Online Job Ads: Advertise the job on the employer’s website and on online job portals. Online advertising is an effective way to reach a large number of job seekers and is a required step in the recruitment process.
9. Additional Recruitment: Conduct additional recruitment efforts such as job fairs, on-campus recruitment, or radio ads. These additional steps show that the employer has made extensive efforts to find qualified U.S. workers.
10. Interview Process: Review applications, conduct interviews, and document the results. The employer must carefully review all applications received and interview qualified candidates to demonstrate that no U.S. workers are available for the job.
11. Recruitment Report: Prepare a recruitment report detailing all efforts made to find qualified U.S. workers. This report should include the number of applicants, interviews conducted, and the reasons why U.S. workers were not hired.
12. File ETA Form 9089: File the Application for Permanent Employment Certification (ETA Form 9089) with the DOL. This form includes detailed information about the job, the employer, and the foreign worker. The form must be filled out accurately to avoid delays in the application process.
13. Audits and Supervised Recruitment: Be prepared for possible audits or supervised recruitment by the DOL. The DOL may audit the application to ensure compliance with all regulations. If selected for supervised recruitment, the employer must follow additional steps as instructed by the DOL.
14. DOL Review: The DOL reviews the application and certifies it if all conditions are met. This step involves a thorough review of the job description, recruitment efforts, and the employer’s ability to pay the offered wage.
15. File Form I-140: Once certified, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This petition confirms the job offer and the foreign worker’s qualifications. The form must be accompanied by the approved labor certification and evidence of the foreign worker’s qualifications.
16. Provide Evidence: Submit evidence of the foreign worker’s qualifications, including degrees, certificates, and work experience. This evidence must match the job requirements stated in the labor certification application.
17. Employer’s Financials: Provide financial documents to prove the employer’s ability to pay the offered wage. This may include financial statements, tax returns, and other relevant documents. Demonstrating financial stability is crucial for the approval of the petition.
18. USCIS Adjudication: USCIS adjudicates the I-140 petition and may approve, deny, or request additional evidence. This step involves a review of all submitted documents to ensure that the job offer and qualifications meet all requirements.
19. Visa Bulletin: Monitor the visa bulletin for visa number availability based on the priority date. The priority date is the date the labor certification application was filed with the DOL. Visa availability is subject to annual quotas and may vary depending on the country of origin and the visa category.
20. Next Steps: Once a visa number is available, proceed with consular processing or adjustment of status to complete the immigration process. Consular processing involves attending an interview at a U.S. consulate or embassy in the foreign worker’s home country. Adjustment of status is an option for those already in the U.S. on a different visa.

The labor certification process for an EB-3 visa is comprehensive and requires careful planning and documentation. By following these 20 detailed steps, employers and foreign workers can navigate the process more effectively and increase their chances of a successful application. It’s essential to stay informed about any changes in immigration laws and regulations and to seek professional assistance when needed. This will ensure compliance with all requirements and help avoid delays or denials in the application process.

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