1. EB3 Visa Overview:
Definition: The EB3 visa is an employment-based immigrant visa that allows foreign nationals to live and work permanently in the United States. It is designed for three main categories of workers: skilled workers, professionals, and other workers.
Subcategories: Within the EB3 visa, there are three subcategories:
EB-3A (Skilled Workers): This category is for individuals with at least two years of experience or training in their respective field. They must have a permanent job offer from a U.S. employer that requires their skills.
EB-3B (Professionals): Professionals with a bachelor’s degree or its foreign equivalent are eligible under this category. They must also have a job offer from a U.S. employer that requires their specific professional qualifications.
EB-3C (Other Workers): This category is for unskilled workers who do not qualify for the EB-3A or EB-3B categories. They must have less than two years of experience in their field and a job offer from a U.S. employer.
2. Eligibility Requirements:
Labor Certification: One of the key requirements for the EB3 visa is the PERM Labor Certification process. This process involves the U.S. employer demonstrating that there are no qualified U.S. workers available to fill the position being offered to the foreign national.
Job Offer: A permanent, full-time job offer from a U.S. employer is essential for the EB3 visa. The employer must demonstrate the need for the foreign worker and obtain approval from the Department of Labor.
Education and Experience: The education and experience requirements vary depending on the subcategory:
EB-3A applicants must have at least two years of experience or training in their field.
EB-3B applicants must possess a bachelor’s degree or its foreign equivalent.
EB-3C applicants must have less than two years of experience in their field.
3. Application Process:
Steps Involved: The EB3 visa application process involves several steps:
Labor Certification: The U.S. employer initiates the process by obtaining a PERM Labor Certification from the Department of Labor.
File Immigrant Petition: Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS.
Visa Application: Upon approval of the immigrant petition, the applicant can apply for an immigrant visa at a U.S. consulate or embassy abroad.
Adjustment of Status: If the applicant is already in the United States, they can apply for adjustment of status to lawful permanent resident after the immigrant petition is approved.
Processing Time: The processing time for an EB3 visa can vary depending on various factors, including the applicant’s country of origin and the workload of USCIS and the Department of Labor. Generally, the process can take several months to several years.
Costs and Fees: There are several costs associated with the EB3 visa, including filing fees for the immigrant petition and visa application, as well as fees for medical examinations and biometric appointments. Additionally, the employer may incur costs associated with the labor certification process.
4. Additional Considerations:
Dependents: Spouses and unmarried children under the age of 21 may accompany or follow-to-join the primary EB3 visa applicant as derivative beneficiaries. They are eligible for the same immigrant status as the primary applicant.
Visa Backlogs: Due to annual numerical limitations on immigrant visas, certain countries may experience visa backlogs, resulting in delays in visa processing. Applicants from countries with high demand for visas may face longer wait times.
Alternative Visa Options: In addition to the EB3 visa, there are other employment-based visa categories that may be relevant, such as the EB1 and EB2 visas for priority workers and individuals with advanced degrees, respectively.
5. Resources and Support:
Government Resources: For further information and forms related to the EB3 visa, applicants can visit the official websites of USCIS (U.S. Citizenship and Immigration Services) and the Department of Labor.
Immigration Lawyers and Consultants: Finding reputable immigration professionals who specialize in EB3 visas can provide valuable guidance and assistance throughout the application process. It is important to research and select professionals with experience in employment-based immigration law.
Conclusion
In conclusion, the EB3 visa offers opportunities for skilled workers, professionals, and other workers to pursue permanent residency in the United States. By understanding the eligibility requirements and navigating the application process effectively, foreign nationals can take steps towards achieving their immigration goals and contributing to the U.S. workforce.
FAQs
Is EB-3 visa easy to get?
The ease of obtaining an EB-3 visa depends on various factors like your qualifications, demand for your skills, and country of origin. Generally, it’s not as competitive as EB-1 or EB-2 visas, but it still requires meeting specific criteria and going through a thorough application process.
How long does it take to get EB-3 visa?
The processing time for an EB-3 visa can vary based on factors such as the workload of the USCIS, your country of origin, and whether there’s a backlog in the category. On average, it can take anywhere from several months to a few years to complete the entire process, including obtaining a visa number and attending an interview.
How long can you stay in the US with an EB-3 visa?
Once you receive an EB-3 visa, you can typically stay in the US indefinitely as long as you maintain your status. Initially, you may be granted a temporary period to stay while your green card application is processed. After receiving your green card, you can live and work in the US permanently.
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