What are the disadvantages of EB-3 unskilled immigrants?

EB-3 unskilled immigrants require applicants to have no criminal record, no assets and no work experience. But the jobs to be done in America are slaughterhouses, breweries, porters and so on. It is the best application among all kinds of immigrants in the United States. However, the disadvantage is also obvious, that is, people will often check whether you are still employed by your employer.

The following are answers to frequently asked questions about American EB-3 unskilled immigrant visa, hoping to help friends who want to immigrate through American Eb-3! Detailed explanation of the application process of EB-3 unskilled immigrants sponsored by American employers!

Frequently asked questions 1. How long will it take to arrange immigration?

Get reception

You can get a green card about four and a half years after the date, because there are very few applicants between 2006 and 20 12, so the schedule may jump directly to 20 12. So the time to apply for us now is estimated to be around 4.5 years.

The schedule in Southeast Asia only takes 1.5 years, and the birth certificates in Taiwan Province and Hongkong only take 1.5 years. The main reason is that there are few applicants and the progress is very fast.

2. What kind of American EB3 can you operate?

We only operate EB3-C, and there are no language requirements, assets requirements and work experience requirements, so we have a wide audience and do not need to find an employer for skilled workers alone.

Because the employer does not have any language requirements, such as poultry slaughtering and processing center, there is no language requirement at all, but the employer will provide training, so it is easy to train work skills, so there is no need for language and work experience requirements.

3. What should I do if the applicant encounters family changes during the waiting period, such as getting married and having children? Will there be an extra charge?

Before I- 140, the materials are not ready, so it will only happen after I- 140, so if something happens, just fill in the materials. We don't charge the material review fee, but the customer needs to pay the immigration application fee for new applicants.

Why do employers still need this job after 4.5 years?

Because the employer needs this position for a long time, that is, when applying for LC, the employer applies for a permanent work visa. It is not a temporary work visa, so the scheduling does not affect the recruitment. But after getting the green card, I have to go to work.

Salary: The salary paid by employers to employees is about $ 8-9/hour, which is close to the local salary, but the local people would rather eat welfare than go to work. /kloc-After 0/year, you can take paid vacation and pay social welfare. 1 year later, if you speak English well, you can be a supervisor, you can manage China people, and your salary will increase a little.

What are the main differences of 5.5? EB2 and EB3?

EB2 or EB3 is decided by the immigration officer at the I- 140 stage according to the educational experience requirements in the previously approved work permit offer, not just the educational experience of employees.

Of course, the employee's education should meet the requirements in the joboffer.

If the work promised by the employer in the work permit requires at least a master's degree or above, or a bachelor's degree plus five years of relevant work experience, the application belongs to EB2.

If the job only requires a bachelor's degree or at least two years of technical experience, or does not require academic skills, the application belongs to EB3.

6. Why 6? EB3 is faster than EB2? Will it always be like this?

Historically, the dispatching speed of EB2 has been faster than that of EB3, so everyone is crowded on EB2.

In this way, because the number of applicants for EB3 is too small, and the gap between supply and demand of places is not so big, EB3 runs faster than EB2. However, if a large number of people apply for EB-3, the schedule of EB-3 will also slow down. The scheduling speed of EB-2 and EB-3 is closely related to the change of supply and demand.

7. What are the requirements for 7? EB3 Immigration application?

EB-3 requires employers to provide a real full-time job.

offer)； Employers need to advertise and make recruitment efforts to prove that there is no minimum qualified American worker in the current job market in the United States who is qualified for this job (labor shortage);

American employers should promise to pay universal wages to foreign employees; In the process of applying for a green card, the employer must prove that it has the ability to pay the promised salary: in addition,

Foreign employees should meet the job requirements.

8.8 What are the steps? What does EB3 usually experience? What's the schedule?

EB3 goes through three steps: 1) Perm labor shortage certificate; 2)I- 140 immigration application; 3)

I-485 Apply for an immigrant visa by adjusting status (if the person is in the United States) or consular procedures (if the person is not in the United States).

As the first step, employers need to work with lawyers to determine the appropriate jobs and corresponding requirements. Then advertise and make recruitment efforts. When the employer can't find qualified American workers, submit an application for labor shortage certificate.

After the work permit is passed, submit I- 140 immigration application. After I- 140 is approved, wait for an appointment. After making an appointment, I will apply for I-485 to adjust my status or apply for an immigrant visa through consular procedures.

It takes about three or four months to advertise before submitting the work permit application. After submitting a work permit, it usually takes four to eight months to know the result. I- 140 can be submitted immediately after the work permit is passed.

I- 140 usually takes six months to process, and you can also request to speed up the trial. After I- 140 is approved, I-485 can be submitted to adjust the status or arrange an immigrant visa interview after it is scheduled. front

The first and second steps can be completed within one year. The timetable between the second step and the third step is unknown at present, and I hope it will not exceed two or three years. After the third step is submitted, the results will generally be available in half a year.

9.9. What are the obligations? EB3 employer?

EB-3 employers need to provide a real commitment to permanent work; Need to pay all expenses in the process of work permit; You need to advertise for jobs to ensure that you can't recruit a minimum qualified American worker; It is necessary to pay the prevailing salary (prevailing salary) specified in the labor certificate after the applicant obtains the green card and officially starts working.

Salary).

10.EB3 Does it require the size of the employer's company?

EB-3 has no rigid requirements on the company size of the employer, but the post setting should match the nature of the company's business scale.

1 1.EB3 What are the requirements for applying for this position? What positions can be used to apply for EB3?

EB3 is divided into two categories: one requires a bachelor's degree or at least two years of technical experience. The other kind does not need any experience and skills. The projects we operate are of the second category, and we don't need any experienced and skilled positions.

Most jobs in the world can be used to apply for EB3. Common EB3 positions are: engineer, manufacturing worker, skilled worker, supermarket worker, repairman, nurse, masseur,

Chefs, bartenders, farmers, etc.

12.EB3 What are the eligibility requirements of the beneficiaries?

Beneficiaries should meet the educational background and experience requirements required by employers. If the applicant has a higher education, such as a master's degree, he can also apply for EB3, which will not weaken the passing rate of EB3 immigrants.

13.EB3 Do you have any requirements for the promised salary? How to determine?

The wage promised by the employer cannot be lower than the current wage determined by the Ministry of Labor.

Salary). The current salary is determined by the Ministry of Labor according to the requirements of the promised work. In the application process, the employer does not have to pay the promised salary.

But you have to prove that you can pay this salary. Salary depends on the introduction of two positions in PPT.

14.eb3 How does the employer prove its salary payment ability?

Employers can usually prove their ability to pay in any of the following three ways.

1) The salary actually paid has always been higher than the promised salary.

2) The net profit of the company is greater than the promised salary.

3) The net assets of the company are greater than the promised salary.

If the employee is already working for the employer, all three methods can be used. If an employee has never worked for an employer,

It can only be proved in the latter two ways. Employers should submit at least one company annual report, federal tax return and audited financial report to the Immigration Bureau to prove their ability to pay wages. The documents submitted need to prove that the company's net income or net assets reach or exceed the promised salary, or that the applicant is currently employed by the employer and the employer has been paying the salary equal to or higher than the promised salary, or other reasonable proofs.

15. I am now working part-time in an American company. Can my employer submit an EB3 application for me?

Yes, as long as the position promised by the employer in EB-3 application is full time. A person can do part-time jobs now, but the employer promises to give him full-time jobs in the future.

16. I am a student of F- 1 now, but there are American employers who are willing to hire me after graduation. Can I submit an EB3 application now?

Yes, but when submitting a work permit application, the applicant must meet the employer's educational background or experience requirements for job setting.

17. I am a chef in China, but an American restaurant is willing to hire me. Can I submit an EB3 immigration application?

Yes, EB-3 application is not only applicable to jobs requiring a bachelor's degree, but also to workers requiring more than two years' work experience or non-seasonal jobs with less than two years' work experience. Because the position of chef is not seasonal, it meets the requirements of EB-3.

18. I am in the United States, and my identity has expired for several years. A restaurant is willing to submit a work permit application for me. Can I work legally with a work permit?

You can't. A work permit is not a work permit,

It is only a prerequisite for general professional immigration applications-proof of labor shortage. Prove that there are no American workers who meet the minimum requirements through work permits, and determine the approximate salary of this position. If the beneficiary is in the United States,

He should try to maintain his legal status during the whole process of applying for a green card.

19. The employer submitted an application for a work permit for me. Should my employer pay me according to my salary from now on?

No need. Only after the applicant has obtained a green card and officially started work, the employer is obliged to pay the average salary.

20. I have submitted my EB-2 application through my employer. Can I add my EB-3 application through the same employer?

Of course.

2 1. If both EB-2 and EB-3 employers apply, can they be the same position?

You can't. EB-2 and EB-3 employers must set different job responsibilities and requirements according to their own requirements and the company's situation.

22. I'm going to ask my employer to submit a green card application for me now. Can I submit EB-2 and EB-3 applications at the same time?

Although the same applicant can have both EB-2 and EB-3 employer applications, it is not recommended to submit them at the same time. In order to avoid unnecessary suspicion and audit by the Ministry of Labor, it is best to submit it separately. Wait until one is approved before submitting another.

If submitted at the same time, the two positions should be very different.

23. I'm EB2 now, and I'm waiting in line. What should I do if I want to add an EB3?

According to a memorandum recently issued by the American Immigration Lawyers Association, the Immigration Bureau can accept the submission of new EB3I- 140 applications based on the same batch of PERM. If it's time to arrange EB3,

You can even submit I- 140 and I-485 directly.

24. The priority date of my EB-2 application is 20 10, and EB-2 is not current yet. You can directly submit a new claim for EB3I- 140.

EB2' s prior priority date?

Of course.

25. If I already have an EB-2 application and ask my employer to submit an EB-3 application for me, will it affect my EB-2 application?

No, the two are independent of each other. After both are approved, you can choose the faster one to complete the final step.

26. I work for employer A of H 1B in America. Can I submit an EB3 application through employer B?

Of course. EB-3 application is based on the promise of future work, not on H 1b, nor does it require the applicant to work for the employer during the application process.

However, if the beneficiary is in the United States and works for another employer, the Immigration Bureau has the right to question the authenticity of the job offer and work permit application. Employers and employees should provide rationality analysis. From the point of view of rationality,

We think that the beneficiaries in the United States should work for the employers who submit applications as soon as possible.

27. In China, I got an American immigrant visa through my EB3 employer. Do I have to work with my American employer after landing?

Yes, EB-3' s green card is based on the employer's permanent job commitment. If the applicant has never worked for an American employer, it may be suspected of visa fraud.

This problem is likely to be discovered when applying for naturalization in the future.

28. I use H 1B to work for my employer. I applied for a green card through EB3 employer support. Can I leave my employer immediately after I get my green card?

It is not recommended to leave immediately. EB-3' s green card is issued according to the employer's permanent work commitment and the employee's intention to accept permanent work. Perhaps the applicant has worked for the employer for quite some time before the green card, but the entry into force of EB-3 begins with the acquisition of the green card. If the applicant fails to work for the employer for a reasonable time as agreed after obtaining the green card, it may involve fraud. This may become an obstacle for applicants to apply for naturalization in the future.

29. After I get my green card through EB3, must my employer pay me according to the work permit?

Yes, the employer should pay the salary according to the work permit.

30. In the process of applying for EB3, my employer closed down. Can my EB3 continue?

Unless the latter employer is the heir of the original employer,

Otherwise, the EB-3 application with the original employer will not continue. However, if I- 140 has been approved and I-485 has not been submitted, the original priority date will be retained, but after a new employer is found, the whole application procedure needs to be reapplied.

If I- 140 and I-485 are submitted at the same time,

I- 140 has been approved, and I-485 has been reviewed 180 days or more, so as long as the applicant finds a new employer who is willing to support EB-3, he can still continue to apply for EB-3 through the new employer.

3 1. I resigned in the process of applying for EB3. Can my EB3 continue?

The EB-3 application of the original employer will not be continued. However, if I- 140 has been approved and I-485 has not been submitted, the original priority date will be retained, but after a new employer is found, the whole application procedure needs to be reapplied.

If I- 140 has been approved and I-485 has been under review for 180 days or more, the original immigration application will continue to be valid as long as the applicant finds a new employer who is willing to support EB-3.

There is no need to submit a new application.

32. My work permit was approved, but I changed my employer without submitting I- 140. The new employer also submitted a work permit application to me, which may be the priority date before the claim.

Really?

You can't. Only after I- 140 approved the application date of the work permit, this date was determined as the priority date in the approval letter of I- 140. Without the approval of I- 140,

There is no priority day.

33. My I- 140 was approved, but I changed my employer before submitting I-485. My new employer also supports my green card application, so I can get the priority date before applying.

Really?

Of course. As I- 140 has been approved, the application of the new employer can continue the previous priority date. But the whole process needs to be repeated.

34. My perming permit has been passed, and the position requires a bachelor's degree plus five years' work experience. Based on this work permit, my EB2I- 140 was also approved. at present

Based on the same work permit, can I submit one more copy of EB3I- 140?

It's possible. But it takes skill to handle it. We can provide this kind of operation for our customers.

35. Those work permit applications and possible risks after obtaining them.

If the case is delayed for one year after the spot check, we usually change employers to speed up the application process.

The disadvantage of EB-3 unskilled immigrants EB-3 seems simple, but it still needs some invisible requirements. For example, EB-3A/B needs employers to provide a real full-time prospectivepermanent job.

work

offer)； Employers need to advertise in the United States to prove that there is no minimum qualified American worker (labor shortage) in the current job market in the United States; American employers should promise to pay the prevailing wages for overseas applicants.

Salary); In the process of applying for a green card, the employer should also provide documents that can prove the ability to pay the promised salary; In addition, overseas applicants should also meet the requirements of the job.

Because Class A/B needs the above requirements, many EB-3 applicants belong to the third category, namely EB-3C. However, there are also some problems in electron beam 3C processing.

Although there is no requirement for language, education and work experience, the rate of spot checks by the Immigration Bureau on such immigrants is very high (at present, it can reach 80-90% to check whether the employer has really hired the applicant). Moreover, the number of applicants is relatively large and the waiting time is long. According to the schedule date officially announced by the United States in July 20 17, it is EB-3C, and the retrogression date is July 15, 2006. This means that mainland applicants need to wait 10 years or more from now to get an interview opportunity.