Tech

What You Need to Know When Employing Overseas Tech Workers

With the US’ shortage of tech workers, many US-based companies are considering hiring overseas tech workers that meet the necessary skills to fill in the gaps that the domestic workforce can’t fill. If you’re thinking of also employing overseas tech workers, you need to know the right visa and processes needed to have the authority to grant sponsorship to foreign workers. 

That said, this article will tackle what you need to know when employing overseas tech workers, including everything you need to know about the USA EB3 visa and how to prove that there are no workers in the US that can fill the particular positions in your company. 

What to Know About the USA EB3 Visa

The USA EB3 visa is a type of skilled worker visa that is granted to overseas candidates who were offered sponsorship from a US-based employer. This visa is considered third in priority in the employment-based green card categories for skilled, professional, and other workers.  

Therefore, compared to the EB1 and EB2 visas, the EB3 visa is less demanding in terms of requirements. Due to its less demanding requirements, the wait time is longer than the other employment-based green cards. 

Who is Eligible for the USA EB3 Visa? 

The USA EB3 visa is divided into three different categories: skilled workers, professionals, and other workers. Here are the general requirements an overseas worker must meet to be eligible for the EB3 visa: 

  • Must be a holder of a valid labor certification 
  • Must have a permanent or full-time job position 
  • Must have received a job offer from a US-based employer

Besides meeting the requirements above, each category has its own set of requirements that need to be met by the applicant. Here they are: 

Requirements for skilled workers: 

  • Applicant must have at least two years of training or work experience
  • Applicant must be fulfilling a role that doesn’t have any qualified workers in its local workforce 

Requirements for professionals: 

  • Must have a US baccalaureate degree or its equivalent
  • No professional worker is available for the role in the US
  • Applicant must have the necessary work experience (can’t be substituted by educational background)

Requirements for other workers: 

  • Must be capable of doing unskilled labor that isn’t temporary or seasonal 
  • No other workers are available in the local workforce 

Proving That There Are No Available Workers in the US to Fill Your Job Position 

You will need a PERM labor certification granted by the US DOL before hiring and sponsoring foreign employees to work for your company. Furthermore, you will first need to prove that there aren’t any available workers in the US that can fill your job position. 

That said, your company will need to undergo a Prevailing Wage Determination by proving that your job vacancy has been posted in local publications and relevant agencies. Authorities will also look for a detailed record of the hiring process that has been carried out to fill the vacancy. 

Once you’re done with all the necessary processes and have received your labor certification, you now have legal permission to hire an overseas worker for your job position. Each EB3 visa will follow this process, meaning that you’ll undergo all these steps once more if you’ll ever sponsor more overseas workers in the future. 

Steps Involved in the USA EB3 Visa Application Process 

Once you’ve obtained your PERM labor certification, you can now look for a suitable overseas worker to employ in your company. If you’ve found a suitable candidate, you must do the following steps to grant them their USA EB3 visa: 

  • File a form I-140 on behalf of your applicant
  • Pay the necessary filing fees
  • Submit all evidence and required documents 

The application process also entails proving that you can pay your worker the offered salary as of your worker’s visa priority date. Since the EB3 visa is third in terms of priority, it’ll generally take one to three years or longer to process the visa due to the yearly visa cap. That said, the process can be sped up if an additional fee of $1,410 is paid to the corresponding authorities. 

Conclusion 

As one of the fastest growing industries in the US, it’s important to solve the lack of tech talent in the US by hiring overseas tech workers. But then again, you can’t immediately hire foreigners to your company, as your company will need to go through several legal processes before you can welcome overseas tech workers. 

That said, you can reach out to a professional immigration lawyer for assistance regarding these legal procedures. With the guidance of an immigration attorney, you can learn more about the processes needed to welcome overseas teach workers to your company with ease. 

 

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