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The EB-3 visa is the third employment-based visa preference and is available for skilled workers, professionals, and other workers (unskilled workers). The eligibility requirements will vary depending on which category you fall in.
Regardless of which category you are applying under, you must have an employer-employee relationship, your employer must have an approved labor certification, you must have received an offer for full-time, permanent employment, and there must be no qualified workers available to fill the position in the United States.
The application for an EB-3 visa is initiated by your employer, and your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.
EB-3 Eligibility and Benefits
If your employer has an approved labor certification and has extended an offer for permanent, full-time work, they can then file a petition on your behalf for an EB-3 immigration visa.
Eligibility for an EB-3 Immigration Visa
The USCIS recognizes three subgroups within the EB-3 category:
- Skilled workers are people whose jobs require a minimum of two years of training or work experience that are not temporary r seasonal.
- Professionals are people who are a member of a professional and whose jobs require a degree from a US college or university (or the foreign equivalent).
- Unskilled workers are people who are able to fill positions that require less than two years of training or experience that are not temporary or seasonal.
Regardless of which category you fall into, your employer must have an approved labor certification and have extended an offer for full-time, permanent work. In addition, you must be performing work for which qualified workers are not available in the United States.
Benefits of an EB-3 Immigration Visa
With an EB-3 immigration visa, a non-US citizen can become a permanent legal resident (green card holder) and can work in the United States without having to obtain an Employment Authorization Documentation. After a few years, you will be eligible to change jobs. Green card holders are allowed to travel within and outside of the U.S. and can live in a different state than the one they first moved to.
Is an EB-3 Visa Right for You?
If you have at least two years of job experience or training, are performing work for which there are no qualified workers available in the United States, and your employer has a labor certification and has extended an offer for permanent, full-time employment, you may eligible for an EB-3 visa.
How to Apply for an EB-3 Visa
Your employer initiates the EB-3 application process by filing Form I-140, Immigrant Petition for Alien Worker with the USCIS. Your employer must provide supporting financial documents to prove they are able to pay you and can afford an additional employee.
Once the application has been approved, USCIS will send the application to the National Visa Center (NVC) who, in turn, will send a package to you. The package will contain the case number and invoice number that you must use in your application.
The applicant must then complete Form DS-261, Choice of Address and Agent, from their home country. This form serves as your application. You will receive a confirmation page when you submit it to the NVC with the supporting documentation.
You must also meet health and vaccination requirements and must visit a licensed doctor who will complete the necessary evaluations and forms.
You must also submit the following supporting documents:
- A passport that is valid for more than 6 months past your intended departure to the US
- Your employment offer
- The approved labor certification
- The approved petition
- The DS-261 confirmation page
- Your signed medical and vaccine documents
- Two photographs that meet US visa photo requirements
- A list of your academic achievements
- Your resume
Finally, you must attend the visa interview at the US Embassy.
Once approved, you will receive a package from the NVC. Do not open this package. It will be opened by an immigration official at your port of entry who will decide whether you can enter the US.
Living and Working in the US
Once your application for an EB-3 immigration visa is approved, you can apply to become a lawful, permanent resident (green card holder).
Your spouse and unmarried children under 21 years of age also qualify to join you in the US.
Validity of an EB-3 Visa
With an EB-3 immigration visa, you can move to the United States permanently and work here. You can apply for a green card, can travel within and outside of the United States, and can move to a different state than the one you first moved to.
How We Can Help
If you are applying for an EB-3 immigration visa, you and your employer should work with a knowledgeable and experienced immigration attorney. Our team has extensive experience helping employers and employees navigate the complexities of the US immigration system, and can guide you through the process of submitting an application for an immigration visa. We can also help your spouse and unmarried children under the age of 21 may seek admission to the United States.
To learn more, call (323) 739-7532 or complete our short online form to schedule a free 20-minute consultation today.