The immigrants gain permanent residency in the United States by a U.S. green card. There are two categories of sponsorship; family-based and employment-based sponsorship.
It goes without saying that the process of international relocation is complicated. Besides, there is a different green card process for each path, and your situation is directly effective on the processing times.
Types of Employment-Based Green Cards
The first thing to remember about the employment-based green card is that you cannot self-sponsor it; only your employer can start and drive it. However, the green card lottery is another way to obtain a green card.
“E.B.” is an abbreviation for “employment-based,” and the number following E.B. is the preference of each type:
- The first preference is EB-1.
- The second preference is EB-2.
- The third preference is EB-3.
This article will focus on EB3 green card, its eligibility criteria, and EB3 lawyers.
EB-3 Green Card Introduction
EB-3 is the third preference category of U.S. employment-based immigrant green card. Foreign national professionals can permanently live and work in the U.S. if they own this green card. EB-3 is specifically designed for three categories of applicants:
1#Skilled workers
For workers to be called skilled workers, they must have experience of at least two years in their job or training. In order to have the job opportunity, the educational, training, and experience requirements of the skilled worker must be met.
It is also important to go through the Labor Certification Process that reveals that none of the eligible workers in the U.S. have the extraordinary ability to fill the position themselves.
2#Professionals
It is crucial for the worker to have a bachelor’s degree or a foreign national equivalent for the professional position. It is to be noted that in case of foreign degree equivalent, it is recommended to consult with your lawyer first.
3#Unskilled or other workers
This category is concerned with other workers who are performing unskilled labor without two years of training. Make sure that their educational experience or training is not of temporary or seasonal nature.
Another condition for this category is that the U.S. must not have qualified workers for performing work that is to be performed by unskilled workers. On the basis of labor certification, workers must be able to meet the necessary requirements.
No matter what category of EB3 green card we are referring to, all of them require a labor certification. Besides, they also need to have a permanent job offer from a U.S. employer. The U.S. Department of Labor is to approve the labor certification beforehand.
EB-3 Green Card Process Steps
There are three stages of getting a hold on EB-3 Green Card in the United States:
Stage 1: PERM/Labor Certification Process
PERM is a short-term “Program for Electronic Review Management.” This whole process deals with the employer making sure that the foreign worker is not taking the place of a qualified U.S. worker.
This step can be completed with ease by showing the proof of a newspaper advertisement where the employer was unsuccessful in filling the position with a qualified U.S. worker.
Stage 2: 1-140 Immigration Petition
There are two major purposes of 1-140 petition:
- The solid verification of the fact that the applicant meets the job requirements on the PERM application.
- The verification of the fact the employer can pay the offered wages to the employee without any complications.
Make sure that you have an amount of $1925 with you when you are filing a 1-140 petition. The reason is that the fee of regular processing is around $700 and premium processing requires $1225.
If we talk about the USCIS processing time, it depends on the processing category chosen by your employer. It could be regular consular processing or a premium one. The time period of regular processing is around 6 to 9 months, while the premium processing takes almost two weeks.
Most employers choose premium processing because of the short time span.
Stage 3: 1-485 Application to Adjust Status
The USCIS needs to approve your PERM/Labor Certification and 1-140 petition in order to let you proceed to the third and final step, which is completing the actual green card application.
This process can take years to complete because the visa number per category and per home country is very few. Research shows that some applicants have been waiting for ten years to get their 1-485 applications approved by the USCIS.
However, as soon as your 1-485 application gets approved by the USCIS, your passport and the long waited card get stamped, allowing you permanent residence in the United States.
EB-3 Green Card Processing Time
There is a different processing time for every step in the EB-3 green card application. The detail is given as follows:
PERM Labor Certification
The time period of this step can range from 6 months to 18 months. 6 months is the time span that excludes the 30 days of recruitment and 30 days after the recruitment. However, the elongation in the time period can result if your employer has to be audited.
1-140 Petition
Regular processing time takes about six months, while the premium processing takes as less as 15 days with a fee of $1225.
Waiting for Your Priority Dates
The third step of waiting for your priority date is dependent on the country you are coming from. A rough estimate on the time duration is a few months.
Form 1-485
It can take six months or more to get this step accomplished. Remember that the time span of this step is directly related to your service center.
EB-3 Green Card Lawyer
EB-3 green card attorneys have the responsibility to keep their clients informed of the status of their case besides the complete assessment of their circumstances.
Their reliable, extensive experience guides the clients all along the way, strengthening the attorney-client relationship.
Their job is to keep the clients updated on the application process along with the thorough determination of their eligibility and appropriate labor category.
It is relatively easier to fill out the requisite employer certifications and forms with the help of an EB-3 visa attorney on your side. The EB-3 visa lawyer makes sure that the required information is submitted on time.
Your attorney can also help you get the information on petitions that are concerned with the residence of your family members in the U.S.
Forms Needed For The EB3 Green Card Application Process
There are a few forms that need to be filled out for the EB3 green card application process.
Form ETA-9089
This form is mandatory for the application for permanent employment certification. You cannot proceed to file a petition for an EB3 visa unless the Department of Labor approves your form ETA-9089.
This form needs you to fill out the information concerning the employer, the job, and the beneficiary. It also ensures that the hiring of the beneficiary doesn’t affect the sentiments of the American workers. In addition, the beneficiary is to be treated equally in the United States.
The EB3 green card application cannot be continued if this form is rejected.
Form 1-140
The Immigrant Petition for Alien Workers comes under the category of form 1-140. All the necessary information about the conditions of the EB-3 visa for the applicant is listed in this form. It further includes the detail on the petitioner, the beneficiary, and the job.
Form DS-261
This form deals with the Online Choice of Address and Agent and is filed by the beneficiary. With this form, your U.S. Embassy is informed of the fact that you are set to begin the visa application process. You should not proceed to the visa application process unless you receive the confirmation letter about the form DS-261.
Eb3 Green Card Fees
The EB3 green card application is carried out step by step with several fees linked to the steps. There is a different category for the payment of fees by the U.S. employer and by the beneficiary.
- I-140 petition filing fee: $700
- DS-261 processing fee: $445
- There are also other fees for medical examination, photocopying, and translations.
- You also need to keep some money aside for the translator for your visa.
Required Documents for EB-3 Green Card
You need to have a hold on the following documents when you are applying for an EB-3 green card application:
- An international passport whose validity is liable for at least six months.
- Two passport-sized photographs of the applicant that are in accordance with the U.S. vis requirements.
- Completely filled out form I-140 and form I-907.
- Completely filled form I-140 and form I-907 payment receipt.
- Birth certificate.
- Driver’s license (or any other government-issued identification certificate)
- Labor certification from the U.S. Department of Labor.
- Employer job offer.
- Documents on the academic qualifications.
- Documents on the tax payments.
- Other case-specific documents.
If you have any other documents that are in other languages, make sure that you have got them translated to English beforehand. The submission of translated copies is to be done along with the original copies. The U.S. embassy will need to check your original documents while you are being interviewed.
Family of EB3 Green Card Holders
The EB3 green card category lets your family members apply for the derivative green cards too. It includes the spouses and unmarried children who are not yet 21 years old. It has the following green cards:
- E34 green card: for spouses of skilled workers and professionals
- EW4 green card: for spouses unskilled workers or other workers
- E35 green card: for children of unskilled or other workers
EB-3 Visa to Citizenship
After getting your EB-3 visa, you will have the assurance of your citizenship and immigration services. We have enlisted some of the major advantages of becoming a U.S. citizen.
- You can get a chance to enroll yourself as a federal government employee.
- There is a high chance for your family members to get sponsorship for a visa at a higher preference level.
- You get to vote in primary elections.
- There is no need for you to renew your citizenship and immigration services.
- You cannot be deported from the U.S.
The process of transferring from an EB-3 green card to citizenship is called naturalization. You have to file an N-400 form with the USCIS. After meeting the requirements, you can reside in the U.S. as a legal permanent resident for at least five years. You will also be asked for an interview, for which you will have a solid grasp of the knowledge of the American government, history, and the English language.
Final Thoughts on the EB-3 Green Card Process
The time period of your EB-3 green card application process varies as per the type of eligibility and the country you are applying from. Applicants who intend to spend the rest of their life in the U.S. must gain EB-3 green card to achieve the status of permanent residence.
FAQs About EB-3 Green Card
1#Is it hard to get an EB-3 green card?
If we compare EB-3 green card with the other categories of EB-1 and EB-2, we will see that EB-3 is the easier one to get. It is the best option for unskilled workers. However, you have to be patient with the long wait time with EB-3.
2#How long is the EB3 green card valid?
The renewal of the EB3 green card is mandatory under four conditions; if the time period of 10 years has been passed, if your green card is lost, if your green card is stolen, or if your green card is damaged.
The important thing to remember is that renewing an EB-3 green card is nothing like renewing a nonimmigrant visa number. You don’t have to file a new petition or requalify for an immigrant visa. You just have to file an I-90 request for the renewal of your green card.
They will charge you $455 for the renewal fee besides $85 for the biometric fee. The EB-3 green card lets you live and work anywhere in the U.S. You won’t have to go through the visa application processes whenever you travel out or re-enter the country.
After you have spent five years as a permanent resident of the U.S., you will be eligible to apply for U.S. citizenship.
Why Choose Herman Legal Group?
The immigration process can be complicated, but not with a knowledgeable law firm on your side. If legal complications have left your mind in a lurch, consider seeking legal help from a renowned law group.
With decades of experience under its belt, Herman Legal group can help you with your immigration. From online PERM application to submitting the l-140 petition, we will take care of everything.
So, what are you waiting for? Schedule a consultation today with an expert attorney by calling +1-216-696-6170. We also offer online consultations on Zoom, Skype, Facetime, and Whatsapp. Contact now and get the ultimate peace of mind.
