EB-3 Visa

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What Is EB-3 Immigrant Visa ?

The EB-3 visa is the third preference employment-based (EB) green card that gives the holder the right to live and work in the United States. It is granted to “Skilled, Professional, or Other Workers.” EB-3 visa requirements are somewhat less stringent than EB-1 and EB-2 categories of green cards. As with other employment-based visa types, the employer will have to undergo the PERM labor certification process under the EB-3 Visa requirements. An EB-3 visa is for applicants seeking to enter the U.S. to take up a job that requires –

  • a baccalaureate degree or equivalent,
  • 2 years training or experience (in most cases),
  • or, in some cases, less than 2 years of experience to become proficient (defined as” unskilled”).

EB-3 Visa Requirements & Qualification

The EB-3 visa requirements are lower when compared to other Green Cards, like EB-2. So, the chances of qualifying for an EB-3 visa are higher. However, there is often a waiting list for approval. Most EB-3 visa applications cannot be adjusted to permanent resident status by filing an I-485 application, unless the petitioner’s priority date is current. The Priority date is the date the Labor Certification is filed. Once the Labor Certification is approved, The employer must:

  • file a Form I-140 with USCIS;
  • establish that they can afford the position in question upon granting of the Green Card;
  • Have proof that the beneficiary meets all the necessary requirements.

You can obtain EB-3 visa qualification through three routes:

Skilled Worker: At least two years of relevant work experience or training are required for this position. A Labor Certification Process is also necessary to show that there is a non-availability of competent US Citizen or Permanent Resident workers already available in the United States to fill the employment.

Professionals: The job role in question requires a baccalaureate degree (or foreign equivalent).

Unskilled / “Other” Workers: This option covers jobs that can be performed with less than two years of training. (temporary or seasonal jobs are excluded), Individuals who have an approved form I-140 may also downgrade from an EB-2 to an EB-3 category.

How to Apply For an EB-3 Immigrant Visa?

An immigration petition, Form I-140, must be filed by the employer. The employer must also present proof to the USCIS showing that they can pay the beneficiary the offered wage rate. The employer must complete the following forms in order to petition on the behalf of the beneficiary.

  • Obtain an approved application for Permanent Labor Certification from the US Department of Labor (If required for the specific visa category.)
  • Complete the Form I-140.
  • Submit the Filing Fee(s).
  • Submit evidence.

The petition will be processed once the USCIS receives Form I-140, and the employer will get confirmation that it was received. The decision will also be communicated to the employer.You can reach out to our immigration attorneys for any assistance in your EB-3 visa application.

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Other Type Of Green Card

Labor Certification Process

Each EB-3 visa petition requires that the employer follows the PERM Labor Certification process.PERM is where the U.S. The Department of Labor (DOL) requires that the prospective employer test the market to establish that there are no willing or qualified workers already in the U.S. who can fill the position.
The labor certification process also requires a Prevailing Wage Determination and involves –

  • Posting with the relevant State Workforce Agency;
  • Posting an advertisement in a major newspaper on consecutive Sundays;
  • Posting the job ad in a conspicuous place at the worksite and on the company’s intranet/website;
  • Plus three other recruitment processes as set out in the regulations.

It is vital that the employer conduct and record all actions carried out during the EB-3 visa process. So, it is strongly advised to proceed under the guidance of an experienced immigration attorney like the Law Offices Of Prashanthi Reddy, PLLC.

Family of EB-3 Visa Holders

If the I-140 petition is approved, the beneficiary’s spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of another worker”). Considering the complexity of acquiring an EB-3 visa, it is always a good practice to reach out to an attorney or agent to work on your behalf.

The Law Offices Of Prashanthi Reddy, PLLC, has been in the immigration practice for more than 20 years and has gained immense exposure to the EB-3 visa applications. We can help you avoid delays in your visa application and ensure that the documents are filed on time. Reach out to the Law Offices of Prashanthi Reddy, PLLC, at prashanthi@reddyesq.com or call us at 212-354-1010.

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