EB-3 visa program is an employment-based immigration program where foreign laborers can attain lawful permanent residence (green card) in America. The program is a desirable program for workers, professionals, and other laborers who have a valid employment offer by a U.S. employer. In case you would like to work and live in America permanently, you must grasp the EB-3 visa process.
This comprehensive report will walk you through the EB-3 visa program and about eligibility requirements, application, documentation needed, and EB-3 visa FAQs.
What is the EB-3 Visa Program?
The EB-3 visa is a category of employment-based immigrant visas in the United States. It is for three categories of workers:
- Skilled Workers – Those whose profession requires at least two years’ training or experience.
- Professionals – Employees with a U.S. bachelor’s degree (or equivalent foreign degree) in the particular field of employment.
- Other Workers (Unskilled Labor) – Employees doing unskilled work requiring no more than two years of training or experience.
In comparison to other visa categories that are preceded by stricter requirements, EB-3 is preceded by comparatively lesser requirements and is hence the most sought-after category by foreign workers seeking permanent residence in the U.S.
Eligibility Criteria for the EB-3 Visa
The following are the criteria that the applicants must fulfill to be eligible for an EB-3 visa.
For Skilled Workers:
- Have at least two years of experience or training in the related profession.
- Have a full-time, permanent job offer from an American employer.
- Give proof that there is no eligible American worker available to perform the job.
For Professionals:
- Possess at least a U.S. bachelor’s degree or foreign equivalent from a foreign nation.
- The bachelor’s degree or advanced degree should closely relate to the position of the U.S. employer.
- Meet all the requirements for certification and licensing (if any).
For Other Workers (Unskilled Labor):
- Receive a permanent employment offer from a U.S. employer.
- The position should involve less than two years of experience or training.
- The employer must demonstrate that there are no U.S.-qualified candidates for the open position.
How to File an EB-3 Visa Application
Three steps in the application process for an EB-3 visa are a job offer, labor certification, and petition approval. The explanation of how the process is managed is given below:
Step 1: Receive an Offer of Employment from an American Company
The initial process of obtaining an EB-3 visa is the acceptance of a valid, permanent job offer from an American company. The organization should be prepared to sponsor your petition.
Step 2: Labor Certification (PERM Process)
As a prerequisite to filing on an EB-3 basis, the employer must secure a labor certification from the U.S. Department of Labor (DOL) via the Program Electronic Review Management (PERM) process. The certification attests that:
- There are no available American workers possessing qualifications suitable for the position.
- Employment of the foreign worker will have no adverse effect on the U.S. worker’s pay and terms and conditions of employment.
Step 3: Filing Form I-140 (Immigrant Petition for Alien Worker)
Once approval of labor certification is obtained, the employer must file Form I-140 with the United States Citizenship and Immigration Services (USCIS). The petition is used for the purpose of establishing the intent of the employer to employ the foreign worker and for the purpose of establishing the ability to pay the wage as promised.
Step 4: Visa Availability and Priority Date
The beneficiary must wait for his or her priority date to become current in accordance with the U.S. Department of State’s Visa Bulletin after the I-140 petition is accepted. Waiting durations may differ based on the applicant’s country of birth because the EB-3 category is subject to annual visa quotas.
Step 5: Apply for a green card (also known as a status adjustment or consular processing)
Once the visa number is current, the applicant may then proceed to do either one of the following:
- Adjustment of Status (Form I-485) – If the applicant is within the U.S. and possesses a valid visa, then the applicant can fill out Form I-485 such that later on, they can have their status changed to permanent residence.
- Consular Processing: To conclude the procedure of issuing the visa, the applicant, if he is a foreign citizen, will need to experience a discussion with a US embassy or consulate from his aboriginal country.
Processing Time for the EB-3 Visa
The waiting time to receive an EB-3 visa depends on the following:
- Country of origin (there is greater demand in some countries and thus longer waiting periods).
- USCIS processing times for Form I-140.
- Labor certification approval processing times.
- Consular process or process of adjustment of status.
- The whole process time could be 36+ months, based on the applicant’s case.
FAQs
1. Can family members follow the holder of the EB-3 visa?
Yes, wives/husbands and unmarried children under the age of 21 years are permitted to accompany the recipients of the EB-3 visa in the United States as E34 (spouse) and E35 (child) visa categories.
2. May I be permitted to change my EB-3 Visa jobs after getting an EB-3 visa?
While the green card you receive with the EB-3 visa is company-specific, once you’ve gained permanent resident status, there’s no means you’re bound to your present employer forever. But it is recommended that you stick with your sponsoring employer for at least 1 year so as to not to attract any immigration issues.
3. Is an EB-3 visa rejected?
- Yes, an EB-3 visa can be denied for the following reasons:
- Unfitness of the applicant.
- The inability of the employer to satisfy financial requirements.
- Lack or incomplete documentation.
- Non-compliance with background checks and medical checkups.
4. Can premium processing be used for EB-3 visa petitions?
Yes, premium processing can be used for Form I-140, shortening processing time to 15 business days for an extra fee.
Final thoughts…
It may be hard to find your way through the process of an EB-3 visa, but with the right information and sponsorship via an EB-3 Visa job, your right to work and live in America is within reach. The EB-3 work recruiting agency is committed to working towards finding qualified professionals with actual American employers and obtaining an easy and hassle-free entry into America. Their professionals will guide you through every step, from job placement to approval of a visa.
Don’t be held back by red tape and legal technicalities. Contact them today to embark on a road to a better future in America!