Law Offices of Chris M. Ingram

Part 3 EB3 Labor Certification

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Part 3 – Labor Certification 

EB3 Green Card – Unable to Hire an American

Welcome to the Law Offices of Chris M. Ingram. We’re delighted to have you join us for our third video in this presentation series on the EB3 Green Card.

In part one, we covered the professional training and education requirements, and in part two we covered the job skill level requirements. In this third presentation we’re going to discuss the issue where the US employer is unable to find a suitably qualified American to hire.

When it comes to granting an alien permanent residency in the US, something that cannot be taken back as it’s for life, US Immigration wants to make absolutely sure that the alien is not coming to the US to effectively take away a job from a willing, qualified American worker.

When a company finds themselves unable to secure a US citizen employee, and wants to offer a permanent job to an alien, they have to go through a process called Labor Certification also known as PERM. In a nutshell, Labor Certification / PERM is a documentation exercise where the US employer has to follow a specific protocol set by the Department of Labor (DOL) to show that they have made extensive efforts to hire a US citizen and have failed.

If the DOL is satisfied, then they issue the US employer with a Labor Certificate granting the US employer permission to hire an alien. This Labor Certification is included in the green card application papers to US Immigration.

In most cases US employers are not going to have much difficulty in finding suitable US workers at the lowest skill sets. Therefore, in order to really give yourself the best opportunity to secure an EB3 green card, look to developing your skill sets in areas where there are known shortages. Moreover, if you don’t have at least a BA degree or equivalent, consider looking to develop your educational profile at home or in the US until you have the required education/training.

There are many positions that are particularly hard to fill such as ‘STEM’ positions: –





There may be many other fields too, but STEM positions are generally regarded as being the hardest. Many US employers are so desperate to fill these positions that despite advertising extensively within the US, they are forced to either outsource the work to foreign companies or become exhibitors at job fairs around the world, and in particular Asia, to try and recruit the talent they need.

In the final presentation we’ll discuss the fourth element of annual EB3 green card quotas.


Immigration Law Offices of Chris M. Ingram

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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