American EB3 Labor Immigrants

As the first priority occupation category, the first subcategory has the ability to screen and satisfy the category of "national interest exemption". If the applicant is not in the United States, the employer needs to confirm the employment relationship. If the applicant is already in the United States, the employer who supports his application for professional immigration can be the employer who has worked for him or other employers.

2. Apply for a work permit from the US Department of Labor.

The full name of the labor certificate is "foreigner employment certificate", which is the certificate given by the Ministry of Labor to the Immigration Bureau, confirming that if the applicant works permanently in the United States, it will not take away the job opportunities of American workers.

Work permits are divided into temporary work permits and permanent work permits. Generally speaking, a work permit refers to a permanent work permit. Similar to the work permit, there are "certificate of health institution" and "application form of labor situation", both of which are applications or reports from the employer to the Ministry of Labor.

Permanent work permit. Commonly known as work permit, it is an application made by an employer to the Ministry of Labor in advance to support its employees to apply for professional immigration.

Temporary work permit. It is a temporary work permit that employers must apply to the Ministry of Labor in advance when applying to the Immigration Bureau for hiring temporary skilled or unskilled workers with H-2B non-immigrant visas. This application for temporary work permit is only related to non-immigrant visas, not to professional immigration applications.

Health agency certificate. Also known as "lack of labor certificate", it only refers to a procedure that hospitals, clinics and other health institutions must first report to the Ministry of Labor when applying to the Immigration Bureau for a non-immigrant work visa for hiring H- 1A registered nurses, and it only involves non-immigrant visas.

Application form for working conditions. When an employer applies for a non-immigrant work visa with H- 1B professionals to the Immigration Bureau, it is a procedure to apply to the Ministry of Labor. It only involves non-immigrant visas and has nothing to do with professional immigration applications.

3. Formally apply for immigration to the Immigration Bureau.

If the work permit is approved, the employer can apply to the Immigration Bureau for professional immigration. Whether the Immigration Bureau approves or not is the final decision, which is more important than the approval of the work permit. However, in practice, the approval of work permit may exceed the approval of the Immigration Bureau, because in general, the Immigration Bureau will approve all China applications that have been approved by the Ministry of Labor.

If the applicant belongs to the category of professional immigrants who apply for exemption from work permit, or is an occupation exempted from work permit as stipulated by the Ministry of Labor, the employer does not need to apply for a work permit, but directly applies to the Immigration Bureau. Applications should be submitted directly to the regional service center of the Immigration Bureau. When the application is issued, if it is accepted, the employer will receive an acceptance notice with a receipt.

Apply for a visa abroad or adjust your status at home.

When the employer's professional immigration application is approved, the applicant can apply for a visa or adjust his status. However, whether applying for a professional immigrant visa or adjusting one's status, the applicant must verify whether there are places in his category. If there is no quota, he can only apply for a visa or adjust his status if there is a quota. However, professional immigrants in most categories generally have ready-made places or don't have to wait long.

Applying for an immigrant visa or adjusting one's status is the last step of professional immigration, that is, turning the application of professional immigration into reality. If the work permit and the employer's application focus on examining the job invitation and the qualifications of the employer and the applicant, the last procedure is to confirm the qualifications and background of the applicant. If everything meets the requirements, the immigrant visa or immigration status will be approved.

Rong De immigrants provide you with detailed answers.

Two. Documents required for American vocational and technical immigrants

application form/application

General category certification materials

Special category of certification materials

(1) Application Form

(1) Form I- 140, namely "Application Form for Migrant Workers";

(2) Form 2)ETA-750, that is, the Application Form for Foreigners' Work Certificate (which is required to be filled in by Class A job applicants classified by the Ministry of Labor), that is to say, only the first priority job category (priority employees) in the job migration category does not need to fill in this form, and the rest need to fill in this form.

(3) application fee.

(2) General categories of certification materials

General category refers to all categories that need to apply for work permit first. Proof materials to be submitted:

Obtain a work permit approved by the Ministry of Labor. When applying to the Immigration Bureau, you need to submit the original of this form (that is, the work permit).

Academic certificate. The applicant's certificate stated in the labor application form must be submitted. These materials include diplomas, transcripts and degree certificates. If the applicant is educated outside the United States, it is best to submit a diploma evaluation certificate.

Work experience certificate, the employer shall submit the applicant's work experience or experience certificate specified in the work permit application form. These materials mainly include: the letter or notarized certificate of the applicant's former employer, or the original salary tax bill or the certificate issued by colleagues and workers. Declarative certificate issued by the applicant himself or others that the applicant has the necessary professional knowledge or technology.

The applicant has obtained employment certificate. The certificate includes the employment contract, which should specify the applicant's job position, responsibilities and remuneration. If employment has occurred, a personal salary tax form should be submitted. However, the first subcategory of the first priority occupation category and the category of "national interest exemption" in the second priority category can be exempted from the requirements of previous employment.

Proof of the employer's ability to pay wages. One of the main reasons why many applications are rejected by the Immigration Bureau is that the employer's company is too small to pay the required salary. In order to prove the ability to pay wages, employers need to submit company tax bills for the last two years, including profits, payroll taxes, etc. , as well as balance sheets, income statements, bank statements, bank deposit certificates, etc. , to illustrate the employer's financial situation. If it is a new company, you don't need to ask for a two-year tax bill. Non-profit companies without tax bills must submit annual reports. Of course, it depends on the specific situation to prove your ability to pay for capital. Generally speaking, the smaller the company, the more certificates it needs; The bigger the company, the less proof it needs; If it is an internationally renowned large company, you don't need to submit any certificates at all.

Third, the specific application procedures

Applying for professional immigration to the United States requires four steps:

1 employed by an American employer;

2. Apply for a work permit from the US Department of Labor;

3. Formally apply for immigration to the Immigration Bureau;

4. apply for a visa from the embassy;

5. Get an immigrant visa.