Miscellaneous
The EB2 Visa (or EB2 Green Card) is for Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference). This visa is available to two main types of applicants:Members of professions who hold an advanced degree (or equivalent)Those who can otherwise prove “exceptional ability” (i.e. expertise that is significantly higher than the norm) in their particular field, whether the sciences or arts, medicine, business, or athleticsThe EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.” There are three routes to qualification:Skilled Worker: The position demands at least 2 years’ relevant employment experience or training. In addition, a Labor Certification Process is required to demonstrate that no qualified workers are already available in the U.S. to fill the position.Professionals: The professional position in question requires a baccalaureate degree (or foreign equivalent).Unskilled / “Other” Workers: The third option covers jobs that can be performed with less than two years’ training. (Temporary or seasonal jobs are excluded.)Establishing the Prevailing WageBefore a company can initiate the Labor Certification Process, they have to make sure they are offering the requisite amount of money for the job or the prevailing wage. The first step, is to send a request to the National Prevailing Wage Center. These requests have been taking a long time, anywhere from six weeks to six months. Once the prevailing wage is established the company can start the advertising process.The Labor Certification ProcessThe first thing that a company needs to do is determine the job requirements, not just the duties. The job requirements help determine if there are any Americans or green card holders willing or able to take the job. Companies can do this by using Indeed or Monster.com to see industry standards.Job Requirements and Supporting EvidenceFinding out what the minimum requirements need to be is really important and there are a few different ways to determine that. There needs to be substantiated proof that the potential employee has the experience in a particular skill set and worked for said company.Evidence:A letter from the company written by a supervisor or anyone who was overseeing them. The letter is critical because it endorses the specific skill and amount of time spent with the company.Contracts and/or payslips can be used as supporting evidence.CertificationsCertifications can be used to prove a skillset, but these should be examined closely. If the certification is from an association that is okay. But if the company hired the applicant on an H1B and the person obtained that experience and certification with the company, it won’t work. The reasoning is that the company could have trained an American or green card holder instead.Standard Vocation Preparation (SVP) RatingThe DOL determines the type of degree and how much experience is needed for a job. The company’s advertisements should be inline with the DOL, unless there is a business necessity.Filing the Labor Certification form DS989 and the I -140Once the hiring process is completed, the company files the DS989 or Labor Certification or with the Department of Labor noting any business necessity. It takes about six months to get the Labor Certification back.Priority Dates and the BacklogPriority dates are an issue that is tricky for some countries. Right now is an excellent time to file EB2 and EB3 green cards because so many countries are current. Meaning you can file the I-140 and the Adjustment of Status, which is the process that allows you to move from say an H1B to another visa.Putting it all TogetherThat is the Labor Certification process in a nutshell. It's complicated and it's hard. There are a lot of ways to mess it up and a lot of trap doors. So, working with companies to know how to get through the process is what we do. And we give out free strategies.