EB-3 Labor Certification

[jb348 0]

Hello,

 

I am looking into the possibility of applying for the EB-3 Visa category.  I am a bit confused as to how to prove that "you must be performing work for which qualified workers are not available in the United States."  In a country as populated as the US, there are sure to be American workers  for nearly any available position.  In particular, how is this criteria met for the Unskilled/Other Workers category?  What are some examples of jobs that would be considered Unskilled/Other, and how can it be proved that there is no one available in the US to perform these types of jobs?

 

Thanks so much for all your help!

[HRQX 4,145]

20 minutes ago, jb348 said:

I am a bit confused as to how to prove that "you must be performing work for which qualified workers are not available in the United States."

The employer goes through this. It's called the PERM labor certification process. The employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA): https://www.dol.gov/agencies/eta The DOL must certify that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

[Boiler 45,541]

Basically it is a wink wink fudge, make sure the job is advertised so it is not attractive and not many people would see it and that the requirements make it difficult for most to meet.

[jb348 0]

Thank so much for this information!  Do you know what types of jobs fall under the Unskilled/Other Workers category?

[Boiler 45,541]

Anything that would not be under EB1 or 2.

[wagecuck3 31]

On 11/18/2020 at 6:30 PM, jb348 said:

Hello,

 

I am looking into the possibility of applying for the EB-3 Visa category.  I am a bit confused as to how to prove that "you must be performing work for which qualified workers are not available in the United States."  In a country as populated as the US, there are sure to be American workers  for nearly any available position.  In particular, how is this criteria met for the Unskilled/Other Workers category?  What are some examples of jobs that would be considered Unskilled/Other, and how can it be proved that there is no one available in the US to perform these types of jobs?

 

Thanks so much for all your help!

It is allowed to use the EB3 visa program for jobs like "cooking Italian food" (I have seen many examples of this in the DOL's old Labor Certification Registry before they closed off public access). For these kinds of jobs, the employer is allowed to reject any applicants who don't already know how to cook Italian food. They are not required to hire an American and train them to cook Italian food if they can find a foreign worker who already knows how to cook Italian food. Of course, it is cheaper to do the former than the latter. However, getting a family friend to hire a foreign worker is a useful way to circumvent the family-based immigration backlogs (unless the person is from India or China).

 

It is also possible to use the EB3 visa program for jobs that Americans are perfectly capable of doing but simply don't want to do, such as working in a chicken processing plant. There are some news articles about this you can read

[joyc13 4]

On ‎11‎/‎23‎/‎2020 at 9:25 PM, jb348 said:

Thank so much for this information!  Do you know what types of jobs fall under the Unskilled/Other Workers category?

The type of jobs that falls under Unskilled/Other Workers category are health caregivers, hotel housekeeping cleaners, truck drivers, warehouse cleaners and other similar jobs (white collar jobs).  Usually, locals are not interested to apply to these kind of jobs.