Navigating the complexities of obtaining an EB-3 visa can be daunting, especially for those seeking opportunities to establish their careers in a foreign land. As an EB-3 visa attorney, we specialize in guiding professionals, skilled workers, and other qualified individuals through the intricate immigration process. Our aim is to streamline your journey, offering comprehensive support and guidance to turn your dreams of working abroad into reality.
There are several categories of Employment-Based (EB) visas designed to facilitate the immigration of different classes of workers into the United States. Each category has unique requirements and operates under distinct protocols. “E.B.” stands for “employment-based,” and the number following E.B. refers to the preference category of each type:
The EB-3 visa, also known as the Third Preference Skilled Worker, Professional, and Other Worker visa, is a type of immigrant visa that is available for foreign nationals who are either skilled workers, professionals, or other workers. The main purpose of the EB-3 Visa is to allow these individuals to live and work permanently in the United States. Skilled workers are those whose jobs require a minimum of 2 years of training or work experience, not of a temporary or seasonal nature. Professionals are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. Other workers are those performing unskilled labor requiring less than two years of training, education, or experience, not of a temporary or seasonal nature.
According to U.S. immigration law, each fiscal year, approximately 140,000 employment-based immigration visas are made available to qualified applicants. These are distributed among the five employment-based preference categories, and each category receives a certain percentage of the total. Furthermore, each country has a yearly limit of 7% of the total annual number of employment-based immigrant visas, which ensures diversity in the immigrant population.
To be eligible for the EB-3 visa, applicants must fall into one of the three categories: Skilled Workers, Professionals, or Other Workers.
For Skilled Workers to be eligible for the EB-3 visa, they must meet the following criteria:
To be considered a Professional under the EB-3 visa category, applicants must meet the following criteria:
Note that the degree requirement cannot be substituted with experience or training.
The “Other Workers” category under the EB-3 visa is designated for individuals who are performing unskilled labor requiring less than two years of training, education, or experience, not of a temporary or seasonal nature. To qualify as an Other Worker for EB-3 visa consideration, applicants must meet the following criteria:
Note that despite being labeled as “unskilled workers,” applicants in this category still need to satisfy specific criteria to be deemed eligible for the EB-3 visa.
In all cases, the prospective employer must provide a full-time, permanent job offer and must obtain a labor certification from the U.S. Department of Labor.
The application process for the EB-3 Visa involves several detailed steps, which are outlined as follows:
Identify the appropriate visa category: The employer should identify the relevant category (Skilled Worker, Professional, or Other Worker) under which the foreign worker’s application falls.
Complete the Petition Form: The employer must first go through the PERM Labor Certification process. If approved, the employer must complete Form I-140, Immigrant Petition for Alien Workers. Ensure all sections are filled out accurately and completely to avoid delays or denials.
Compile the necessary documents: Attach the necessary documents that demonstrate that the foreign worker meets the requirements for the EB-3 visa category.
Submit the petition: The employer should then submit the completed I-140 form, along with all supporting documents, to the United States Citizenship and Immigration Services (USCIS). At this stage, the employer will also need to pay the requisite filing fees.
Prevailing Wage Determination: The employer must first request a prevailing wage determination from the National Prevailing Wage Center (NPWC). As part of the application process, the employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. This can be evidenced through annual reports, federal tax returns, or audited financial statements.
File a Labor Certification application: The employer must file a Labor Certification application (Form ETA-9089) with the Department of Labor’s (DOL) Employment and Training Administration. The labor certification process verifies that there are insufficient available, qualified, and willing U.S. workers to fill the position and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Wait for approval: Once the Labor Certification application is filed, the DOL will process the application. If approved, the DOL will send the employer a certified Form ETA-9089.
Submitting visa application: Once the I-140 petition has been approved and a visa number is available, foreign workers can apply for permanent residency. If they are outside the U.S., they can apply at a U.S. Department of State consulate abroad for an immigrant visa to come to the U.S. If they are already in the U.S., they can apply for an Adjustment of Status (Form I-485) to become a permanent resident after a visa number becomes available.
Wait for a decision: After the interview, the foreign worker will have to wait for a decision from USCIS. If the application is approved, the foreign worker is granted an EB-3 visa, and they become a lawful permanent resident of the United States.
Immigration laws can be complex and challenging to navigate. An experienced EB-3 visa attorney can help you understand the rules, fill out the necessary forms accurately, compile the appropriate supporting documents, and avoid common mistakes that could lead to your petition being delayed or denied. They can also represent you in any meetings or hearings with immigration officials. Ultimately, whether you need an attorney depends on your comfort level with handling the process yourself and the complexity of your individual case. If your situation is complicated, or if you simply want the peace of mind that comes from having expert assistance, hiring a green card lawyer could be a wise investment.
At Bashyam Global LLP, we are dedicated to providing comprehensive immigration services. Here’s what we can do for you:
Our seasoned attorneys have a deep understanding of immigration laws and will provide you with tailored advice based on your individual circumstances.
We understand how important your immigration case is to you, so we’ll keep you updated at each stage of the process.
We’ll ensure that all necessary documents are correctly filled out and submitted on time, minimizing the chances of delays.
Should your case require it, our attorneys can represent you in any meetings or hearings with immigration officials.
We believe in the importance of understanding your unique needs and circumstances to provide the most effective legal solutions.
With Bashyam Global LLP handling your case, you can have peace of mind knowing that your immigration matters are in expert hands.
How long does the EB-3 visa process take?
The processing time for an EB-3 visa can vary widely depending on several factors, including the category of the EB-3 visa, the volume of applications being processed, and the country of the applicant. Typically, you can expect the process to take several years.
How much does it cost to apply for an EB-3 visa?
The cost of applying for an EB-3 visa includes various fees, such as the filing fee for Form I-140 (Immigrant Petition for Alien Workers), the fee for Form ETA-9089 (Labor Certification), and the fee for the visa application or adjustment of status. These costs do not include the potential costs of hiring an immigration attorney.
Can my family members accompany me with an EB-3 visa?
Yes, your spouse and unmarried children under 21 years old may accompany you to the U.S. on an EB-3 visa. They will be eligible to attend school or work in the United States as U.S. permanent residents.
What is the role of the employer in the EB-3 visa application process?
The employer plays a vital role in the EB-3 visa process. They are responsible for offering a full-time, permanent job, obtaining a labor certification from the Department of Labor, and filing the Immigrant Petition for Alien Workers (Form I-140) on behalf of the foreign worker.
What happens if my EB-3 visa application is denied?
If your EB-3 visa application is denied, you will receive a notice from USCIS explaining the reasons for the denial. Depending on the reason, you may have the opportunity to appeal the decision, file a motion to reconsider or file a new application.
What happens after I receive my EB-3 visa?
You will be considered a lawful permanent resident and will be eligible to apply for U.S. citizenship after five years of maintaining your residency status.
At Bashyam Global LLP, we are here to guide you on your journey toward achieving your American Dream. Navigating through the intricacies of immigration processes can be overwhelming, but with our expertise, you’re never alone. We pledge to walk with you every step of the way, offering the very best legal advice tailored to your unique needs. Don’t hesitate to reach out to us for any inquiries or assistance you might need with your immigration matters. Contact us online or call us at 919-833-0840 today, and let’s get started on your path towards a successful EB-3 visa application.