The EB-3 visa is an employment-based immigrant visa category in the United States. It allows foreign nationals to obtain permanent residency (Green Card) through employment.
The EB-3 Visa has three subcategories:
1. EB-3A: for professionals with a bachelor’s degree or equivalent education and at least two years of experience in their field.
2. EB-3B: for skilled workers who have at least two years of training or work experience in their occupation, but not a bachelor’s degree.
3. EB-3C: for unskilled workers who can perform labor that requires less than two years of training or experience.
Note: The EB-3 visa requires sponsorship by a U.S. employer, who must demonstrate the need for the foreign worker and go through a labor certification process. This step requires employers to prove that there are no qualified U.S. workers available for the job. Once approved, the foreign worker can apply for a green card and eventually become a lawful permanent resident of the United States.
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“Labor Certification” is a crucial step in the employment-based immigration process. The process is also known as the PERM (Program Electronic Review Management) process.
The labor certification process is designed to protect the interests of U.S. workers by ensuring that job opportunities are first offered to qualified U.S. workers before being filled by foreign workers.
Here's what you need to know:
These are the EB-3 visa benefits foreign nationals can expect:
We summarized the EB3 visa process for you. However, it's important to keep an eye out for any updates or changes to immigration laws and procedures. Our team has the experience to help ensure that your application is filed correctly and avoid unnecessary mistakes.
Now, here's a step-by-step guide to applying for an EB-3 visa in the United States:
Find Employer Sponsorship: You’ll need to secure a job offer from a U.S. employer who is willing to sponsor your visa application. The employer must be able to demonstrate that there are no qualified U.S. workers available to fill the position.
Labor Certification (PERM Process):Once you have a job offer, your employer must obtain a labor certification (PERM) from the U.S. Department of Labor (DOL). The process involves advertising the job, conducting recruitment efforts, and proving that there are no qualified U.S. workers available for the position.
File Immigrant Petition (Form I-140): After receiving the approved labor certification, your employer can file an Immigrant Petition. This establishes your eligibility for the EB-3 visa based on the job offer and labor certification.
Priority Date: USCIS assigns you a priority date based on the filing date of your Form I-140 petition. This date determines your place in the queue for an immigrant visa.
Wait for Visa Availability: The availability of visas is determined by the visa bulletin and depends on factors such as visa quotas and demand.
File Adjustment of Status (Form I-485) or Consular Processing: Once a visa number becomes available, you can file your application. This step involves submitting additional forms, supporting documents, and undergoing a medical examination.
Attend Biometrics Appointment: If you file Form I-485, you will be scheduled for a biometrics appointment to provide fingerprints, photograph, and signature for background checks.
Attend Interview (if required): Depending on your individual case, you may be required to attend an interview with USCIS to review your application and verify your eligibility for the EB-3 visa.
Receive Decision: If approved, you will receive your green card (permanent resident card) by mail. If your application is denied, you may be able to appeal the decision or take other appropriate actions.
The EB-3 visa is designed for various types of professionals, skilled workers, and unskilled workers
Here are some examples of the professionals who typically apply for each category:
Overall, the EB-3 visa is intended to address specific labor shortages in the United States by allowing employers to sponsor foreign workers for permanent residency when qualified U.S. workers are not available to fill the positions.
Eligibility for an EB-3 visa depends on the specific requirements of each subcategory. Generally, individuals with a bachelor's degree or equivalent education, relevant work experience, and a job offer from a U.S. employer who is willing to sponsor their application may be eligible.
Benefits of the EB-3 visa include permanent residency in the United States, the ability to live and work permanently, eligibility for certain benefits such as healthcare and social security, the opportunity to sponsor family members, and a potential path to U.S. citizenship.
The processing time for an EB-3 visa can vary depending on various factors, including the specific subcategory, country of origin, and the current backlog of visa applications. Generally, it can take several months to several years to complete the entire process.
Yes, a job offer from a U.S. employer is typically required to apply for an EB-3 visa. The employer must also obtain a labor certification (PERM) from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.
Yes, individuals who are already in the United States may be eligible to apply for an EB-3 visa through the adjustment of status process, provided they meet certain eligibility requirements and their priority date is current.
Yes, like other employment-based immigrant visas, there is an annual quota or "cap" on the number of EB-3 visas issued each fiscal year. However, the exact number of visas available can vary depending on demand and other factors.
Yes, EB-3 visa holders may be able to sponsor their immediate family members, including spouses and unmarried children under 21, for permanent residency in the United States.
EB-3 visa holders may be able to change jobs after obtaining their green card, but certain restrictions and requirements may apply. It's important to consult with an immigration attorney or advisor before making any changes to employment.
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