Permanent Resident Worker Program Detail
Visa: Permanent Residency Employment Based Visa [EB-3], which is known as the Green Card is available for
qualified workers in 4-5 years. The entire family of the applicant, i.e. spouse and all unmarried children under
the age of 21, can also be included in the application.
Positions: AMERITREX assists US Companies in locating and recruiting qualified Workers, both skilled and
unskilled. Positions for skilled Workers are in the hospitality, restaurant, building maintenance, construction,
automobile repair and other workers. Positions for unskilled Workers include food processing, cleaning and
janitorial, warehousing and assembly.
Term: All positions must be full time, and all positions are for Companies that are not able to find and recruit
qualified and available US Workers to meet their employment needs. Upon receipt of the Permanent Residency
visa or Green Card, the Worker does not have to reapply for a work visa to continue on a full time basis with
the Company, as the visa has an indefinite term for employment authorization.
Wages and Benefits: All sponsoring Companies comply with government wage standards that require the
international Worker to receive the same wage as US workers for the same position. The description of the
position and requirements of the employer will factor significantly into the wage determination. The process
requires that the employer apply for Labor Certification through Department of Labor [DOL]. The wage rate is
based upon the description of the position provided by the Company and the specific geographical location of
the work. The Company will advertise and meet other requirements of the DOL. All costs for obtaining Labor
Certification are the responsibility of the employer, not the Worker and not AMERITREX.
In addition to the wages paid to the Worker, the Company should also provide Worker's Compensation
insurance in accordance with State Law and make required federal and state tax deductions from the Worker's
payroll. Although health insurance for the Worker is not mandatory, it is highly recommended that health
insurance be provided.
Housing: The Worker is responsible for housing and other personal expenses while in the US Depending upon
the needs of the Worker, it is recommended that the Company assist the Worker in finding affordable, safe and
convenient housing.
Transportation: Travel to the US and the costs for travel is the responsibility of Worker. AMERITREX will
facilitate scheduling the arrival. Also, transportation from residency to work is the responsibility of the Worker.
Costs to the US Company: As required by US law, the US Company is responsible for making application for
Labor Certification, paying the Worker's approved prevailing wage and certain benefits that the Company may
provide to the Worker. The Worker, subject to any applicable USCIS or DOL laws, generally pays the costs of
overseas recruitment and relocation .
Costs to the Worker: The Worker is responsible for paying for travel to the US, local transportation from
residency to work site, such as public transportation or car and car insurance, housing costs and other personal
expenses. The Worker is required to pay the visa application fee charged by the US Consular Office at the final
stage of the visa process. The Worker must pay administrative costs to the overseas recruiter and legal fees of
the US immigration attorney. The Worker should carefully review all expenses prior to making application for
the program. The Worker may not pay for any costs for the Labor Certification, as required by US law .
Commencement: Currently, immigrant visa processing time for Permanent Resident petitions for foreign
nationals is taking an average of 4-5 years, which is based upon the current visa bulletin for unskilled positions.
Skilled positions may take longer. All processing times are subject to change as USCIS processes the backlog
of applications. The processing time is also subject to the home country of the Worker. The processing times
for the each stage of the application process vary depending upon the State where the work is to be performed
and may affect the timing of the overall application process. For more information see related Section on
Authorization and Visa Processing.
History Of Permanent Workers In The US
The United States is built upon people who have come to the US to pursue new and unlimited opportunities for
themselves and their families. In order to become a Permanent Resident ["green card" holder] many foreign
nationals, who do not have family members in the US that can sponsor them, may apply for the employment
based visa, EB-3, if a US Company is willing to employ and sponsor them.
In 1990, the US government established categories of Workers and procedures for US Companies that wish to
employ and sponsor foreign national for permanent residency EB-3. .Although US immigration laws are always
changing and are very complicated and cumbersome, the demand for foreign Workers continues in certain
industries, even though the US economy has up and down cycles. Thousands of US companies sponsor
immigrants to come to the US to work for their Company. Over 140,000 work-related visas are issued to
applicants each year seeking Permanent Residency in the US.
Companies in many industries with a demand for all Workers at all levels of skill and experience sponsor
immigrants in the employment based Permanent Resident category. American Companies sponsor immigrants
not only because of their employment needs, but because the have found immigrant Workers to be reliable,
dependable, strong work ethic and are very talented. Many owners of companies or their parents or
grandparents were from other countries and they immigrated to the US for a better life for themselves and their
families.
The employment based immigrant application for Permanent Residency is subject to USCIS numerical
restrictions. It is a complicated application process and generally requires a more extensive government
screening process of the Worker than many other visas because of the Worker will be permanent resident.
Unnecessary delays and problems can arise without the assistance of experienced immigration professionals
and attorneys.
Immigration legal counsel and AMERITREX represent many employers that wish to employ qualified
international workers. Legal counsel and AMERITREX will:
Assist applicants, no matter what level of English language, educational background, skills or
experience.
Present information on workers to their client employers that have agreed to sponsor qualified
workers.
Streamlining the immigration processing to avoid delays wherever possible.
Experienced immigration legal counsel will process the petition through all US Government
agencies.
Who May Apply
THE PERMANENT RESIDENT WORKER
Positions are available in many industries for Workers of all levels of skill and experience.
The Worker can qualify depending upon his/her skill level, experience and educational background. There are
no set requirements, since each employer has their own requirements and qualifications.
Pre-screen: The Worker will be initially pre-screened by AMERITREX in order to determine in what industry
and position the Worker is suitable and qualified.
Qualifications:The Worker will have to meet the educational, skill and experience qualifications in addition to
the personal characteristics, such as responsibility, motivation, and strong work ethic that are required by the
US Company for the position offered.
English Fluency: The fluency of the English language depends upon the requirements of the position. The
language fluency is not a requirement for many positions.
Age: The Worker must be at least 21 years of age to participate in the program.
Spouse: Either the wife or the husband can apply for the program and include the spouse and family members
under 21 and unmarried in the permanent residency application.
National Origin: Workers from most countries of the world may qualify.
Clearances: The Worker must obtain police, immigration and medical examination clearances. .
Application: The Worker is required to complete applications and submit resume, diplomas, references, and
copies of passports, driver's licenses, and health information.
Interview by Company: Worker will be further interviewed by the Company in person or by telephone or by
web cam after review of initial qualifications.
Fees to Worker: The Worker is required to pay the overseas recruiter and legal counsel for services rendered.
THE US COMPANY
Size of Company: Companies can be of any size. They are not only large Companies but also small Companies
in all occupational areas that can demonstrate the need for a permanent Worker and meet requirements for the
EB-3 visa.
Requirements of Company: The US Company must be able to demonstrate the ability to pay the wage offered
and that the Worker applicant meets the minimum requirements to perform the job.
Location: Companies can be located anywhere in the US . They must have a Company operating in the US in
order to qualify to employ and sponsor Workers through the employment based visa category.
Labor Certification: The Company is required to test the local labor market for whether any qualified US
workers are available prior to submit the application for Labor Certification. This pre-filing recruitment effort is
to demonstrate the Company’s bona fide need for recruiting international Workers.
Authorization: For more information on governmental requirements, see the Authorization Section.
Wage Rate:The wage rate established by the Company must be in conformance with DOL guidelines for
wages, which are determined based upon the occupational description, level of experience and skills that are
required for the position as well as the geographical location of the work place.
Benefits To The Company
Most Companies can employ and sponsor permanent international employment based Workers. Large
multinational companies that are listed on the stock exchange and small family owned businesses may benefit
from highly qualified and/or unskilled international Workers.
Examples include: skilled positions such as: certain engineers, construction trades, teachers and unskilled
positions such as: food processors, assembly, landscapers, etc. There is no end to the list.
General Services: Complete recruitment is arranged with overseas recruiters. Assistance with relocation
services are provided by AMERITREX.
HR Services: Avoid time consuming and expensive HR process of locating qualified international hires for
your Company.
Legal Processing: Eliminate upfront and expensive immigration legal fees for visa processing of international
staff. Legal processing is provided by experienced US immigration attorneys.
Prescreened: Applicants are carefully pre-screened by AMERITREX for language, skills, experience, and
education.
Applicant Pool: Search from a very large pool of highly qualified applicants who are motivated, reliable, and
experienced in all occupational areas. Resumes are provided. Interviews may be conducted by telephone or
overseas in person.
Qualified Workers: Benefit from cost efficient, hard-working, motivated, well-trained, and highly qualified
Workers.
Supplement Permanent Staff: Establish a permanent staff with a legal workforce that is compliant with labor
and immigration laws.
Agency Clearance: Hire employees that have obtained police and immigration clearance prior to working at
your Company.
Cultural Diversity: Obtain global perspective and cultural awareness of overseas markets by interfacing with
Workers from other countries.
Permanent Residency Visa Process
OVERVIEW OF PERMANENT RESIDENCY PROCESS
The Permanent Resident Worker visa that is offered through the AMERITREX program is an employment
based immigrant visa authorized by the US Citizenship and Immigration Service (USCIS) to allow foreign
nationals to legally and permanently work at a US Company in accordance with the Immigration and
Nationality Act (INA), INA §203(b)(1), (2), and (3); and the United States Code, 8 USC §1152(b)(1), (2), and
(3). After the US Company obtains Labor Certification from the Department of Labor, AMERITREX provides
complete assistance to the Company. In accordance with INA §212(a)(5)(A), and the Code of Federal
Regulations (CFR), 20 CFR §656.2, as amended.
After a labor certification has been approved, the employment based visa application, Form I-140, is submitted
to the US Citizenship and Immigration Service (USCIS) for approval in compliance with INA §204(b); 8 USC
§1154(b); and 8 CFR §204.5(c). USCIS makes additional findings that the employer's need for the Worker
exists, the employer has the ability to pay the Worker, and the Worker is able to perform the job satisfactorily
based upon the requirements of the position. After approval by the USCIS, application is made with the US
Consulate Overseas Office (unless applicant is in the US ) where the application for permanent residency of the
Worker is reviewed for eligibility. The personal background of the Worker (and family members that are
included in the application) is reviewed thoroughly in accordance with INA §221-222, 8 USC §1201-1202, and
8 CFR §204.3. Upon visa issuance by the Overseas Consulate the Worker may enter the US as a permanent
resident.
LEGAL COUNCIL AND AMERITREX APPLICATION PROCESS
Companies and Workers also complete Application and Terms of Employment.
Agreement is made between AMERITREX, Immigration Legal Counsel and the Company and Worker.
Resumes and complete biographical information, education, experience and skills are sent to the Company for
review.
Interviews are conducted by the Company either by telephone or web cam and whenever possible, in person.
Final selections are made, acceptance is obtained and processing started.
VISA AND CONSULAR PROCESS
DOL: 60-120 days for approval. Labor Certification is filed with DOL by the Company based upon the US
Company's need for the overseas Worker.
USCIS: 1-140 approval. 100-180 days.
Priority Dates: Processing is delayed until the priority date of the Worker is current.
National Visa Center: 60-90 days for National Visa Center after Priority Date Current. and Consular
Processing. Consular Post sends out Packet 3 to Worker applicant for biographical and background information
prior to approval and appointment of applicant at Consular Office.
Consular Processing: 45-100 days for appointment with Overseas Consular Office. Upon thorough review of
Packet 3 information submitted by Worker applicant, Consular Office sends Packet 4 to Worker applicant with
notification of interview at the Consulate. Immigration legal counsel provides assistance to the Worker
applicant to prepare for the interview with the Overseas Consulate Office.
Visa: At the time of the interview, unless additional information is required, the Permanent Worker issued visa
at US Consulate.
Transportation: AMERITREX coordinates transportation for the Worker from his country to the US
Company.
Start Work: The Worker travels to the US and is admitted to the US as a Permanent Resident of the US to
begin work at US Company.
Average 4-5 years for entire process of initial application to Worker's commencement at US Company. These
average processing figures are based upon published processing times provided at governmental offices. Total
processing times can vary greatly. The processing time for each jurisdiction is different and may be longer or
shorter in some cases than the current published figures.
FAQs On Immigration Frequently Asked Questions on Permanent Residency
(Immigration)
1. What documents are required for the immigrant visa interview?
Basic requirements include: a passport, three photographs, birth and police certificates, marriage, divorce, or
death certificates, proof of financial support, and medical examination. You may also bring supporting
information. For details on your specific situation, see your nearest U.S. Consulate or Embassy.
2. What is the waiting time for an immigrant visa after the National Visa Center or the Foreign Service post
receives the approved petition?
Several factors influence how long the process may take. Immigrant visa numbers are made immediately
available for immediate relatives of U.S. citizens, so processing will begin upon receipt. However, preference
visas (see The Preference System) are limited in number, and processing will not begin until the priority date on
the petition is available. Long waits may occur for preference visas because each year more people apply for
them than can be satisfied under the annual limit. Certain categories, such as the family fourth preference, are
heavily oversubscribed. For more information, see Immigrant Visa Numbers.
3. What is a priority date?
The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case
of an employer-sponsored petition, the priority date is the date the labor certification was filed with the
Department of Labor. The State Department Visa Bulletin is a monthly publication that gives the changes in
availability of priority dates. (See question below for more information.) Visa Services also has a twenty-four
hour recording that gives the monthly priority dates. Dial (202) 663-1541.
4. How can I get the Visa Bulletin?
Access the Visa Bulletin online, by email, by telephone, by fax, or by mail.
Online: http://travel.state.gov/
Email: VISABULLET@SA1WPOA.US-STATE.GOV (you may contact the Bulletin by email, but it is
not distributed by email)
Telephone: (202) 663-1541, for a 24-hour recording that gives the monthly priority dates that are
currently being processed. The recording is updated in the middle of each month with information on
cut-off dates for the following month.
Fax: From your fax, dial (202) 647-3000. Follow the prompts and enter code 1038 to have the Visa
Bulletin faxed to you.
Mail: To be placed on the Visa Bulletin mailing list (or to change an address), write to:
Visa Bulletin / Visa Office / Department of State / Washington, D.C. 20522-0106
Only addresses within the U.S. postal system may be placed on the mailing list. When
reporting changes or corrections of address, include a recent mailing label. The Postal
Service does NOT automatically notify the Visa Office of address changes. (Obtaining
the Visa Bulletin by mail is a much slower option than any of the alternatives mentioned
above.)