EB-3 Visa
What is an EB-3 Visa in the U.S.?
Permanent residence visas for qualified professionals are referred to as employment-based visas. The EB-3 visa allows foreign workers and their families who have been approved for a green card and are highly skilled in a specific profession or skill to live and work in the U.S. legally.
There are many employment-based visas, and the same labor certification standards that apply to the H-1B and H-1B1 programs also apply to the EB-3 visa. However, they are not the same types of visas, so you should speak with a qualified immigration attorney about which one is right for you.
An employer must demonstrate that there are no U.S. citizens or green card holders who are capable of performing the job and that they must hire someone who is foreign.
Then, the employer can sponsor and hire the employee to enter the United States with an employment-based immigration visa. Eligibility may also depend on the results of a careful analysis of an individual’s work experience or training, as well as how many years of work experience they have.
This process takes at least six months, so it’s important to call 360 Immigration Law Group as soon as possible to start your immigration file.
What are the requirements for the EB-3 Visa?
There are three basic types of workers who may qualify for the EB-3 visa. First, there are skilled workers. These individuals must have a minimum of two years of training. They must also obtain a job that cannot be filled by qualified U.S. workers. Finally, they need a labor certification and an offer for a full-time permanent position.
Certain professionals are also eligible for the EB-3 visa. They must have a U.S. bachelor’s degree or its foreign equivalent. Additionally, the job offered to them must have no prospects in the United States. Unlike other visas, this visa does not allow applicants to substitute education for experience. Applicants also need a job offer and labor certification.
Finally, unskilled workers can also apply for an EB-3. They must be able to perform unskilled jobs. The job must not be temporary or seasonal, and there must be no U.S. workers available to fill the position. Like professionals and skilled workers, unskilled workers need a labor certification and a permanent job offer.
What is the application process like?
Before you can begin the application process, you need to gather all necessary documents. You also need to find an employer who will sponsor you throughout the process. They have the challenging task of obtaining the labor certification. The employer must demonstrate that there are no qualified U.S. workers who can fill the position. If successful, the Department of Labor will issue a PERM Labor Certification.
After receiving the certification, the employer must file a Form I-140. Then the waiting begins. It could be months or even years before the government allows you to move on to the next step. When you are allowed to move forward, you can file Form I-485. This allows you to change your status. As soon as the form is approved, you can become a legal permanent resident.
Who fills out the application?
The employer or hiring manager of a U.S. company that offered a foreign national a full-time permanent job becomes the petitioner for the immigrant visa and therefore must file a Form I-140, Immigrant Petition for Alien Worker. Documents required for EB-3 may include:
- A permanent labor certification issued by the U.S. Department of Labor (DOL)
- Proof of a U.S. bachelor’s degree or foreign equivalent
- A detailed job description
- Confirmation of EB-3 permanent job offer from U.S. employer
- Immigrant worker petition (Form I-140)
Once the employer-submitted labor certification application is received and accepted by the U.S. Department of Labor, and USCIS has approved the Form I-140 petition, the potential immigrant will receive their own priority date, which is essentially their place in line for an EB-3 visa.
Should you hire a Florida immigration attorney?
The EB-3 process can be overwhelming. If you make a small mistake, it could ruin your immigration plans. By working with an immigration attorney, you can rest easy. Instead of leaving your application to chance, you can be confident knowing you’re in good hands. Contact us at 360 Immigration Law Group and let us handle your petition.