christmasoompa

Well, the link Mike has given clearly says to check the visa bulletin, and that shows a 3-4 month wait for a visa going on current processing times. So unless there's something else somewhere that says it takes years to process that I've missed, I don't see why it would take any longer than a 'normal' EB3?

Hopefully one of the forum pros (Ian, Noorah etc) will clarify later though.

Ricky_85

Employment-based immigrant visas: Is the long wait over? | Immigration
Here it states that now almost everyone can take advantage of this ''unique opportunity'' and that ''this extremely long wait for an EB3 visa has all but disappeared''.

But then again, this is too good to be true: a free-for-all green cards, even for unskilled immigrants. Either they are stringent for the Labor certification, I-140, and embassy interview or this is a 'glitch' in the system.

ian-mstm

With respect, you seem to be consistently ignoring one very important aspect of all this... there must still be a US employer willing to sponsor you for the visa. It's completely irrelevant how many people could take advantage of this, if there isn't a US employer who's willing to risk the time and money to make it happen. Why would they? Why would a US employer put out time and money for professional, skilled, or unskilled labor when there are already many hundreds of thousands of people in the US right now, who are authorized to work, who can start work tomorrow if asked, and who don't need sponsored?

I'm not saying it can't be done... but for the vast majority of people who might consider this as a viable means of immigration - well, it's all smoke and mirrors... because they still need a US employer willing to take the risk. Your rose-colored view of things is nice but, IMHO, somewhat naïve.

Ian

Orangepants

I think we're all wondering how you can say the above. It is not nothing. Yes visa numbers are available now which they weren't for several years but the process is exactly the same. I would be surprised that a company would go through this process for an unskilled worker, irrespective of your personal relationship with the owner or an employee.

Note the phase in the link you posted: Therefore, given the complicated, multiple steps required to obtain lawful permanent residence through an EB3 petition, such an effort should only be undertaken with professional assistance to ensure the highest possible chance of achieving a successful result.

Fred16

For instance
DOL has my PERM now for over 900 days, so unless I am mistaken the EB3 ROW Priority Date now is irrelevant for me until PERM Certified and I140 in

I hope when PERM done the EB3 PD does not retrogress back >4 years, which is certainly possible

Everyone wishes it is easy as OP believes!

sir_eccles

Is the overall suggestion that you get buddy buddy with someone running a business in the US and you essentially fake the need for a highly skilled janitor position that only you can fill and snag yourself greencard?

If so, I would say such a suggestion would verge on immigration fraud.

Ricky_85

You made a good point. But as a layman I just wondered many aspects of this visa.
Plus, I'd be curious to know how stringent the DOL would be with an employer, regarding PERM. Who and how, in the DOL, would check if the employer rightfully dismissed all American job applicants per the job offer? Simply thru the internet? Or in person, visiting the company?

sir_eccles

As indicated in post #21 you have to document it.

Now you are verging on "will I get away with it" territory.

doconthemove

This principle doesnt always apply. Will give you a factual example. This year 2600 US citizen international medical graduate did not match (i.e get a job) yet 3500 visa needing international medical graduates did match so how does this fit with the principle described above??

The employers could have gone for those docs that could 'work tomorrow' as you said but they didn't so clearly the principle you describe is not so simple or applicable in certain situations.

The US employers in this situation are putting time and money in taking skilled visa needing doctors over similar US citizen candidates and this isnt just one employer its probably hundreds of medical facilities across the US.

I suspect also that those in other fields being employed on an H1, their employers could have found Americans if they bothered but likely the pay or conditions would have been less favorable to the foreigner so it benefits them to choose that person even with all the additional cost/hassle involved.

sir_eccles

I'm not sure EB3 would be the correct category for doctors. Might be for nurses but I think doctors would be EB2.

Ricky_85

I am a sound person. I'm just interested in various aspects of legal immigration.
In post 21, he says what I essentially said earlier ''rightfully dismissing American workers'' and justify it. Who and how the DOL really checks how sound the hiring process by employer has been?

doconthemove

I think Ian was making more of a general point. I just wanted to highlight an example/profession where it simply is not true and hasnt been true for years.

I feel what he says would more likely apply to mcjobs but then that would be the same for canada, australia etc etc

Essentially skilled jobs particularly medical ones employers couldnt care less about citizenship or visas etc

afaik doctors use EB-1,2 and EB-3 depending on what level they are at and how soon they need it. I have never heard of a doctor struggling to get a GC rapidly here and probably unsurprising given the chronic shortage of docs across the country!

Enigma368

If you know a company who is willing to sponsor you for a green card, pay the money, put in the considerable effort, prove they cannot find a US citizen to do the job and then wait 1-2 years, then yes it is doable. I'm not sure how this is for "nothing". It's still way harder than practically every other Western country.

It is possible though which I guess is what you are really asking?

doconthemove

Clearly it is possible as all the employment based GCs get used up. Again these are skilled jobs. For medicine very straightforward to progress from h1b to GC. I only just started here but recruiters already trying to make contact for future job offers with GC sponsorship etc

Ricky_85

Yeah. I educated myself on this matter these past days. If you are related to the owner of the firm, it's a non-starter. If he is just an acquaintance, well, we already said it: nobody is gonna lose so much money and time.