The EB-3, or Employment-Based Third Preference Visa, is one of the types of immigration visas available to foreign workers who have found a job offer in the United States.
This visa permits you to obtain permanent residency in the United States.
Foreign workers holding an EB3 visa can live and work in the United States indefinitely.
The EB-3 visa is divided into three subcategories:
1) Qualified personnel
The employee must demonstrate at least two years of work experience, education or training that meets the conditions indicated in the labor certification, and do work for which no competent workers are available in the United States.
Higher education (tertiary education) can also be called professional training.
This subcategory necessitates labor certification and a full-time permanent work offer.
2) The specialists
Demonstrate a bachelor’s degree in the United States or its equivalent abroad, and that a bachelor’s degree is a normal criterion for entry into the field; Work for which no suitable workers are available in the United States.
A bachelor’s degree should not be replaced by education or experience.
Other standards mentioned in the labor certification must be met.
This subcategory necessitates labor certification and a full-time permanent work offer.
3) Unskilled laborers (other employees)
This subcategory includes workers who may conduct unskilled work (requiring less than two years of training or experience) other than temporary or seasonal work for which the United States has no qualified workers.
This subcategory necessitates labor certification and a full-time permanent work offer.
Employers and employees must pay the following EB3 visa fees:
– charge for Ministry of Labour labor certificate (for the employer);
– Fee for submission of petition form I-140 USCIS (employee); fee for processing of form DS-261 (employee); fee for receipt of supporting papers (employee).
Employers are required to file Form I-140, “Immigrant Petition for Alien Workers.” The employer must be able to demonstrate a continuing ability to pay the proposed remuneration as of the priority date during the application procedure. To demonstrate a continuous ability to pay salaries, an employer may utilize an annual report, a federal income tax declaration, or a verified financial report.
If the I-140 petition is approved, the EB-3 visa holder’s spouse and unmarried children under the age of 21 will be able to apply for entry into the US under category E34 (spouse of “qualified worker” or “professional”), and the children will be able to apply for an E-35 visa (child of “Qualified Worker” and “Professional”).
For unskilled employees, the spouse(s) is eligible for an EW4 visa (spouse of the “other type of worker”), and the children are eligible for an EW5 visa (child of the ‘other type’ worker).
With these visas, the EB3 visa holder’s spouse(s) can apply for an Employment Permit (EAD) and work in the United States following approval.