The Employment-Based Third Preference (EB-3) category is a vital avenue for foreign workers seeking employment-based immigration to the United States. Whether you are a skilled worker, professional, or other qualified worker, understanding the EB-3 requirements is crucial. In this comprehensive guide, we break down the key criteria and steps involved in pursuing an EB-3 visa.
1. Overview of EB-3 Visa Category
a. Skilled Workers, Professionals, and Other Workers: The EB-3 category encompasses three subcategories: Skilled Workers, Professionals, and Other Workers.
b. Permanent Residency: Successful applicants under the EB-3 category can obtain permanent residency in the United States.
2. Skilled Workers (EB-3 Subcategory 1)
a. Job Requirements: Applicants must demonstrate at least two years of job experience or training in their respective field.
b. Permanent Job Offer: A permanent job offer from a U.S. employer is required. The employer must obtain a Labor Certification from the Department of Labor (DOL) to demonstrate a lack of qualified U.S. workers for the position.
3. Professionals (EB-3 Subcategory 2)
a. Advanced Degree or Equivalent: Professionals must possess a U.S. baccalaureate degree or a foreign equivalent degree that is normally required for the profession.
b. Labor Certification: Like Skilled Workers, professionals need a Labor Certification and a permanent job offer from a U.S. employer.
4. Other Workers (EB-3 Subcategory 3)
a. Limited Skill or Unskilled Workers: This category is for workers performing unskilled labor requiring less than two years of training or experience.
b. Labor Certification and Job Offer: Labor Certification and a permanent job offer from a U.S. employer are mandatory.
5. Labor Certification Process
a. DOL Certification: The employer initiates the Labor Certification process by applying to the DOL, demonstrating recruitment efforts and a lack of available qualified U.S. workers.
b. Approval and Filing Form I-140: Upon DOL certification, the employer can file Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS).
6. Form I-140 Petition Filing
a. Documentation: The employer submits the completed Form I-140 along with supporting documentation, including the approved Labor Certification and evidence of the worker’s qualifications.
b. Priority Date: A priority date is established upon filing Form I-140. This date is crucial for determining when an immigrant visa number becomes available.
7. Visa Bulletin and Waiting for Visa Numbers
a. Visa Bulletin Updates: The Department of State issues a monthly Visa Bulletin indicating the availability of visa numbers for each preference category.
b. Priority Date Current: When the applicant’s priority date becomes current, they can move forward with the final stages of the process.
8. Adjustment of Status or Consular Processing
a. Adjustment of Status (AOS): Applicants in the U.S. may file Form I-485 to adjust their status to that of a permanent resident if a visa number is available.
b. Consular Processing: If outside the U.S., applicants attend an immigrant visa interview at a U.S. embassy or consulate.
9. Obtaining Permanent Residency (Green Card)
a. Approval and Issuance: Upon successful completion of the final steps, USCIS approves the adjustment of status or the consular processing, leading to the issuance of a Green Card.
b. Rights and Privileges: Green Card holders enjoy the rights and privileges of permanent residency, including the ability to work and live permanently in the U.S.
10. Conclusion and Considerations
a. Professional Guidance: Given the complexity of the EB-3 process, seeking guidance from experienced immigration attorneys is advisable.
b. Stay Informed: Regularly check the Visa Bulletin and stay informed about updates to ensure timely progress in the immigration process.
In conclusion, the EB-3 visa category provides a pathway for skilled workers, professionals, and other qualified workers to obtain permanent residency in the United States. By understanding and fulfilling the EB-3 requirements, applicants can navigate the process successfully, paving the way for a new chapter in their professional and personal lives on American soil. May your EB-3 journey be smooth, and your contributions to the U.S. workforce be valued and appreciated.
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