Immigrant Work Visa EB-3 - Arvian Immigration Law Firm

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Employment-Based Immigration in 2024

Immigrant Work Visa EB-3

The EB-3 visa is an immigrant work visa for skilled foreign workers that provides a straight path to citizenship.

If you fall into one of the following categories, you may be eligible for an EB-3 visa:

  • Skilled Workers – You must have at least two years of job experience, education, or training that corresponds to the position criteria as defined in the labor certification.
  • Professionals – you have a bachelor’s degree from the United States or a foreign equivalent. This level of education is acceptable to practice your profession. Work experience cannot replace a bachelor’s degree.
  • Unskilled Workers – those with no more than two years of education or job experience in their area, such as truck drivers. You must be able to execute unskilled labor that isn’t temporary or seasonal.

Each category requires a US employer and labor certification, which means you must undertake employment for which there are insufficient qualified US workers.

The following are the benefits of the EB-3 visa over other work visas:

  • Ideal for those who do not have outstanding ability in science, business, athletics, or the arts, do not have a master’s degree, or whose work is not of national importance to the United States, as necessary for EB-1 and EB-2.
  • There is no need to invest personal assets to start a business in the United States, as with the EB-5 program.
  • In comparison to temporary work visas, the EB-3 allows you to live permanently in the United States.

The most significant need for any EB-3 category is an employment offer from a US business.

Another requirement is Department of Labor certification, which can be achieved through the PERM (permanent labor certification program).

When applying for EB-3, your employer must demonstrate that there are no other qualified US candidates for the position and that they are eager to hire you.

If no qualified US candidates are available, the employer may seek for a labor certification for the foreign employee.
All employment-based categories 1/2/3 are numerically limited. Approximately 40,000 of the total 140,000 available are allotted to EB-3, which is a significant percentage.

Family members of EB-3 primary applicants can acquire immigration visas to accompany them. For your spouse and minor children, you can apply for E-34, E-35, EW-4, and EW-5 visas.
According to statistics, the average annual wage for people who acquired EB-3 in fiscal year 2022 was $81,000.

Who is eligible for Humanitarian Parole?

Humanitarian parole allows those who do not have a valid visa or other immigration status to enter the United States for humanitarian grounds.

In extraordinary circumstances, the DHS of the United States issues humanitarian parole:

  • For family reunification, if a relative is in danger;
  • For urgent medical treatment;
  • To flee war, natural disasters or persecution;
  • To participate in legal proceedings in the USA.

To be considered for humanitarian parole, you must submit Form I-131 to USCIS, as well as Form I-134, Declaration of Financial assist from a sponsor who promises to financially assist the applicant throughout their stay in the United States. The sponsor must have enough income and financial means to cover the applicant’s stay in the United States.

The applicant has to fill out and sign Form I-131. Attached must be the following documents:

  • A written statement from the applicant explaining why Humanitarian parole is required;
  • Medical certificates, evidence of persecution, and invitations from family in the United States are examples of humanitarian motives.
    Biometric information on the applicant, such as pictures and fingerprints;
  • Translation of documents into English is required.

Form I-134 must be signed by the sponsor and include proof of income (such as tax returns, bank statements, or pay stubs).

The application evaluation procedure might take anywhere from a few months to a year.

Humanitarian parole normally has a one-year validity period. If the conditions under which it was issued have not altered, you can resubmit Form I-131 to request an extension. This will extend the Humanitarian parole’s validity period by another year. If the conditions under which the applicant received Humanitarian parole change, the person has to either find another lawful method to stay in the United States or depart the country when the Humanitarian parole expires.

Humanitarian parole does not grant immigration status, but grantees can receive a driver’s license and Social Security number, and their children can attend school.

Employment authorization may be given with Humanitarian parole in some situations if it does not contradict the purpose and duration of stay in the United States. After granted Humanitarian parole, the applicant has to submit Form I-765. This permits for legal employment during the duration of the Humanitarian parole.