What to expect as an employee in the EB-3 Other Worker program

What to Expect as an EB3 Unskilled Worker

You are a new BDV Solutions client – welcome! You are probably asking yourself, What can I expect as an EB-3 Unskilled Worker? First, some good news: you now have access to our entire support team. We will assist you through the process and provide guidance and recommendations for each and every step.

The process entails three main steps:

1. Your sponsor company will submit a Labor Certification on my behalf to the US Department of Labor. After the required recruitment phase to test the local job market, the employer can submit a labor certification for review. This Labor Certification (ETA 9089) may be audited or may undergo further review at the discretion of the Department of Labor.

So, the timing is hard to definitively determine, but we hope to have a labor certification approval within twelve months of filing. Your sponsor company will receive notice of approved Labor Certification from the Department of Labor and will notify BDV. Once the company has your approved Labor Certification in hand, a copy will be sent to you for signature. Once both you and your sponsor/employer have signed, you will then be able to move to the next step: the I-140 Petition to Immigrate.

2. The Sponsor will submit an I-140 form Petition to Immigrate to the US Citizenship and Immigration Services. Also, for Adjustment of Status clients, your attorney will also file an I-485 (application to adjust status) and I-765 (work permit / along with an I-131 AP for travel). From here, the steps diverge depending if you are a Consular or AOS client.

If you are a Consular client, you will work with your attorney to submit the DS-260 form to the National Visa Center and then await interview notice at the Consular or Embassy near your country of current residence.

If you are an AOS client, you will wait on approval of your I-140 and your I-765 (EAD). Upon issuance of an EAD and receipt of I-140 approval notice, you should then prepare to move and begin work for your sponsor to demonstrate a good faith effort to undertake the position as set forth by Labor Certification. However, you should not or make any plans without speaking with the BDV team! We will guide you on work, timing and the rest.

3. Await your final interview.

A question we are often asked is, “Who pays me?” You will be, and are required to be, a full-time W-2 employee of the sponsor, who will also pay you directly. You will be required to pay State and Federal income taxes. Your employer will withhold taxes from your paycheck in accordance with the tax forms submitted by you to them at the time of onboarding. You will be be issued a tax form for your State and Federal income tax filing at the beginning of the subsequent calendar year. Any accountant or tax preparation company will be able to assist you. NOTE: It is imperative that you file taxes. Failure to do so will result in potential delays in your immigration process.
You will work for your employer for at least one year. However, if you are an AOS client and you work for one year and your green card adjudication is still pending, you will want to continue work for your sponsor at least until approval is granted.

You are welcome to continue work for your sponsor after your green card approval and after working at least one year. Most of our sponsors welcome strong candidates to be promoted.
If you quit your job without a good reason, or if you are terminated for cause, this could and will almost certainly impact your case. BDV advocates for all of our clients and we will investigate the situation to the extent of our ability. If the employer and/or BDV determines that a client did not show a meaningful, good faith effort to work, we will work with your sponsor and legal team to revoke or rescind your I-140 petition and notify USCIS of failure to meet the basic standards of EB-3. This could potentially demonstrate immigration fraud. But the BDV team is here to help you in every aspect of this process, and we are grateful that a scenario like this is extremely rare.
The best way to support your goal of becoming a legal permanent resident is to work in good faith and without issue for your employer for at least one year. Try to do the best job you can. The employer is putting forth a great effort on your behalf and what they are getting in return is a willing worker. Everybody's interests are aligned here: the employer needs a willing worker and you need that full-time position to support the application for permanent residency. Remember, EB-3 is one of the fastest ways someone may apply to obtain permanent legal residency in the United States. But you have to work for it!

BDV is here to support you and advocate for you. We do not serve an HR role, but we are here to help make this entire process as smooth as possible. You can contact BDV at any point in the process, even post-hire – and we will guide and assist you with respect to your work and any pending or approved petitions.