EB-3

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Alycia Moss of Moss Immigration effective July 1, 2023 has joined Hawley Troxell law firm. She will continue practicing in Spokane, Coeur d’Alene and Driggs, adding Boise and Yakima to her roster.

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Permanent Business Visas

Professionals, skilled workers, and other workers.

Approved labor certification applications are required for EB-3 status because one goal of the immigration laws is to ensure that employment-based immigration does not adversely affect the wages and working conditions of citizens and resident aliens already in the United States. The employer must demonstrate that the job requirements fit into one of these classifications, that U.S. workers are not available, and that the particular alien worker meets the job requirements. The certification process is to ensure that the hiring of such alien workers would not undercut the wages and working conditions of U.S. workers similarly employed.

However, in Schedule A cases the labor certification is filed with USCIS rather than the DOL.

Professional

A “professional” is defined as a qualified alien who holds at least a U.S. baccalaureate degree or a foreign equivalent degree and who is a member of the professions. The job requires the minimum of a baccalaureate degree. The degree requirement must be an industry standard in parallel positions among similar firms and institutions. In addition, it must be shown the employer normally imposes this requirement.

Skilled Workers

Skilled Workers are those that don’t have a U.S. baccalaureate degree or foreign equivalent. They are individuals who are capable of performing skilled labor (requiring at least two years training or experience), not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training.

Other Workers

Other Workers are unskilled individuals who are capable of performing unskilled labor (requiring less than two years training or experience), not of a temporary or seasonal nature.

Schedule A, Group 2 Exceptional ability in the sciences and arts including certain college and university teachers, and performing artists

The evidence here to show ‘widespread acclaim and international recognition’ is a higher standard than the EB2-1 requirement to demonstrate ‘a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business
Allows employer to file the labor certification application directly to USCIS in lieu of applying to the Department of Labor for issuance of a labor certification, basically bypassing that step

Schedule A, Group 1 Registered Nurses (RNs) and Physical Therapists (PTs)

This classification does not need to file a labor certification with the DOL. They have been pre-certified by the DOL. These two occupations are occupations for which there are not a sufficient number of U.S. workers who are able, willing, qualified, and available to fill the number of available jobs that exist in the United States, and the wages and working conditions of U.S. workers similarly employed will not be affected by the employment of these foreign workers. This classification still requires job posting, prevailing wage determination and a section 343 certificate though.

343 Certificate

343 document certifies that a foreign-born health care worker’s education, experience, training, and English language ability are equivalent to that of a U.S. worker. The 343 certificate also verifies that the applicant’s foreign license is current and valid. The English language proficiency requirement has been waived for graduates of programs in countries in which the primary language of instruction is English

RN Requirements:

There are two threshold requirements. First, a foreign nurse needs to have a degree or diploma from a nursing school in a foreign country or from a nursing school in the United States. Second, a foreign nurse also must have a nursing license in a foreign country or in a U.S. state. They must have an employer sponsor as well as job offer and also have one of the following three items:

A full and unrestricted professional nursing license in the state of intended employment, or
Certificate of passing the Commission onGraduates of Foreign Nursing Schools (CGFNS) exam (the exam is not the CGFNS Visa Screen Certificate), or
Certificate of passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and a letter that the nurse cannot get a state nursing license due to lack of a social security number

PT Requirements:

Educational diploma and transcripts indicating bachelor’s or higher degree (if only a bachelor’s, a credential evaluation showing education is equivalent to the first professional degree in physical therapy in the United States);
License in home country; and
License in state of intended employment or letter indicating applicant is qualified to sit for the licensing exam upon entry
Must have an employer sponsor as well as a job offer

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Permanent Business Visas