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Employer Eligibility Requirements For EB-2 or EB-3 Visas

Today’s blog continues our series about the EB-2 and EB-3 visa categories. In Part 1, we discussed the conditions for EB-2 and EB-3 categories, and in Part 2, we discussed the five categories of Employment-Based Visas in detail.

In today’s blog, we will discuss the crucial steps an employer must follow to be eligible to sponsor an applicant for EB-2 or EB-3 visas.

When a candidate for EB-2 or EB-3 requests the employer to sponsor him or her for a green card, there are a few crucial steps that should be followed. The employer should document everything and must closely cooperate with the United States Department of Labor (DOL) and USCIS to prove that they gave an equal hiring chance to all interested and eligible candidates.

The employers must follow specific steps when onboarding EB-2 or EB-3 workers, which are as follows:

  • Employers must advertise the job in a local newspaper for 2 Sundays minimum. They may also have to publicize the job position in 3 other job recruitment forms. They can advertise on job boards, websites, or on-campus.
  • Employers can advertise with the State Workforce Agency where the employee will work and must have a detailed account of the entire hiring process. Employers must have the details about all the candidates that have applied for the job and proof that all efforts were made to reach these candidates. The employer does not have to interview everyone who has applied for the job, but they have to make efforts to prove that they gave a fair chance to all eligible applicants.
  • The employer must file a Labor Certification Application (PERM) with the Department Of Labor. The employer’s business should show that it has the financial capacity to pay the usual hourly wage and the benefits to the candidate and that they are not expelling present workers in the U.S.
  • When the PERM gets approved, the employer will need to wait for the EB-2 or EB-3 visa.

Premium Processing For Reduced Processing Time

After following all the steps mentioned previously, the employer can purchase premium processing. Premium processing decreases the PERM processing time to two weeks for the cost of $2,500, which should be paid to immigration authorities.

To reduce the long processing period, premium processing can be worth the investment. But, keep in mind that the applications for EB-2 or EB-3 green cards will be processed on a ‘first come, first serve’ basis. So applicants will have to wait for their turn.

This is the end of today’s blog update. We hope you found this blog useful. Please don’t forget to support us by subscribing to our newsletter and sharing this blog with your friends and family on Facebook, Whatsapp, and Twitter.

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