If you are a foreign worker looking to become semi- or permanently based in the U.S., the EB-3 visa could be an ideal option for you depending on your work experience and education level. This specific immigration visa gives you the opportunity to obtain permanent residency status in America, so get ready to learn all about how it works! Here’s what we will cover: from an understanding of requirements and application processes, dealing with rejections that may arise along the way, and finally culminating with tips for achieving U.S. citizenship – this page has got your covered!
The EB3 Visa is a suitable option for skilled workers, professionals with college degrees, and unskilled laborers who are looking to obtain lawful entry into the United States. This Third Priority Worker visa grants applicants an opportunity to receive their Green Card through employment-based sponsorship from United States employers if they do not qualify for other visas like the EB2 Green Card meant specifically for those of extraordinary ability.
Who Has Qualifications To Obtain an EB-3 Visa?
To be eligible, you must fit into one of the three categories: skilled worker, professional or unskilled worker. The following is a breakdown of each category and their respective qualifications.
Are you a skilled worker in search of employment? You must be able to demonstrate two years of job experience or post-secondary education. Additionally, the work that you are seeking cannot have eligible workers available domestically. A labor certification and a permanent full-time position offer are required for consideration.
To be considered for a professional visa, you must show that your qualifications are comparable to those of an American with a bachelor’s degree in the related field. Additionally, it is essential that there are no US citizens available to perform the same task as you. Lastly, only applicants who possess relevant work experience and have obtained a labor certification along with permanent job offers will qualify for this visa classification.
If you are willing and able to take on an unskilled labor role for which qualified workers are not available within the US, then this position is for you. A permanent job offer with full-time employment accompanied by a valid labor certification is mandatory.
How can you get EB-3 Visa?
The EB-3 visa offers a straightforward pathway to permanent residency in the United States. To begin the application process, you must demonstrate that your skills or job opportunities meet specific criteria outlined by U.S. Citizenship and Immigration Services (USCIS). You’ll then need to compile all necessary documents, submit them for review with USCIS, and wait for approval before pursuing further steps toward obtaining an EB-3 visa.
Companies can file a Form I-140 Petition for Alien Workers on behalf of their applicants. To ensure that they have the capability to continue paying the proposed wage, employers must back up their request with papers such as yearly reports, Federal Income Tax Return documents, or audited financial statements which are all considered valid forms of evidence.
To hire foreign workers via the EB-3 program, employers must submit a PERM application and ensure they have received Labor Certification (Form ETA-9089) to attest that there are no American citizens who are capable or willing of filling the vacancy.
Once your documents are in order, you must secure an employer who will sponsor you for the green card. Said employer has to launch a thorough recruitment process and ascertain the prevailing wage of your role based on where they intend to hire you from – this is needed to acquire PERM Labor Certification from the Department of Labor.
After submitting an I-140 petition to the USCIS, your employer will be able to determine a priority date. You must then wait and monitor the monthly visa bulletin published by the Department of State in order to see if your priority matches or surpasses the final action dates that were listed. If it has, you are considered “current”.
Presenters should pay attention to the fact that, as of now, most of the cut-off dates for EB-3 green cards are backlogged within a few months. Nevertheless, if you’re from either China or India expect your priority date to be behind such a timespan before it is currently on the system. Furthermore, bear in mind that other workers’ groups have slightly different deadlines compared with the other two groups.
Once your priority date is up-to-date, you are eligible to file for an I-485 petition in order to adjust your status if you are currently residing within the United States. After approval of this application, your status will automatically be changed from one without legal permanent resident rights to a legitimate permanent citizen.
Are you curious about the estimated processing time for an EB3 Green Card?
The length of time for EB3 Green Card processing may range anywhere from 1 to 3 years. Yet, due to the visa cap yearly limit, those applying from certain countries could have an even longer wait time of up to 6 years!
Are you hoping to expedite your EB3 Visa processing time? For just an additional fee of $1,410, your sponsor can help make that dream a reality. However, this won’t be beneficial if the priority date for your permit is still not current. Employers who qualify for specialty roles from Australia may meet the E3 Visa criteria which could mean quicker processing times due to it being specifically targeted at Australian nationals. This could provide you with tremendous benefits and peace of mind while awaiting approval.
Before initiating your application, it is essential that your employer verifies the accessible EB3 Visa permits in the bulletin. This can be achieved by acquiring a labor certification from the Department of Labor (DOL) and submitting an ETA Form 9089 to solidify there are no American professionals who meet all requirements for this particular role.
How Arvian Immigration Law Firm EB-3 Lawyers Can Help
Hiring a professional, specifically an immigration attorney, is essential when it comes to this highly-specialized process. With the help of your lawyer you can be certain that not only will all necessary paperwork be filled and filed correctly but also, they’ll make sure that correct fees are paid as well handle any unexpected issues such as RFEs. To ensure successful results from start to finish, retain knowledgeable counsel!
At Arvian Immigration Law Firm, EB-3 Green Card lawyers have achieved incredible success when it pertains to cases for professionals in a vast range of industries including but not limited to information technology, healthcare, retail, hospitality, and finance.
The expert attorneys at Arvian Immigration Law Firm are here to help you with all the required paperwork and qualifications for the EB-3 visa, as well as provide thorough immigration consultations.
At Arvian Immigration Law Firm, our EB-3 Green Card lawyers are knowledgeable in finalizing the necessary requirements of an EB-3 before any approaching deadlines due to frequent changes in priority dates.