Stage 1: Initial case evaluation

We assess the proposed employment opportunity, sponsoring company, job requirements, applicant background, family situation, and potential immigration concerns. This stage helps identify problems before the employer invests in recruitment or government filing fees.

Stage 2: Prevailing wage determination
The employer requests a prevailing wage determination from the Department of Labor. The wage is based on the occupation, work location, and applicable wage data. The employer must generally offer at least the required prevailing wage.

Stage 3: Recruitment
The employer conducts recruitment designed to determine whether qualified U.S. workers are available for the position. Recruitment must follow the applicable rules and must be properly documented. Recruitment is not merely an advertisement for the foreign worker. It is a formal labor-market process.

Stage 4: PERM application
The employer files the permanent labor certification application, generally through the Department of Labor’s FLAG system. The application identifies the employer, position, work location, wage, requirements, recruitment, and foreign worker. The Department of Labor may audit the application or request supporting documentation.

Stage 5: Form I-140
After labor certification approval, the employer may file Form I-140 with USCIS. The petition must establish that:

• The employer has a qualifying job opportunity.
• The worker meets the job requirements.
• The employer is able to pay the offered wage.
• The labor certification and petition requirements have been satisfied.
  

When a visa number is available, the worker may proceed through:

• Consular processing, if applying from outside the United States.
• Adjustment of status, if eligible and physically present in the United States.

Consular processing may involve document submission, a medical examination, interview, background checks, and a decision by the U.S. embassy in Phnom Penh.

Stage 7: Admission as a permanent resident

If the immigrant visa is issued and the applicant is admitted to the United States, or if adjustment of status is approved, the worker becomes a lawful permanent resident.

Important Disclaimer
This webpage provides general information about the U.S. EB-3 Other Workers category. It is not legal advice and does not guarantee eligibility, petition approval, visa issuance, or a particular processing time. Immigration laws, government procedures, fees, and visa availability may change. Each case must be assessed based on its individual facts. An attorney-client relationship is created only through a written engagement agreement.