EB3 visas are one of the most popular ones due to their relatively low requirements. EB3 visa can be granted to a person who is a foreign national with a bachelor’s degree, a skilled worker that has a minimum of two years of experience, and an unskilled worker that requires a permanent and not temporary or seasonal job.
Work experience is not necessary for the category of unskilled workers. As you may see, the conditions are far less stringent than with an EB2 visa, and there is no need to have an advanced degree or contribute to the US interests.
To get this visa, you must find an employer that will sponsor your visa and acquire a PERM Labor Certification, proving that it was impossible to hire qualified US workers. Following this, the employer has to file an I-140 Immigrant Petition for Alien Worker on your behalf. Once your priority date is current, you can apply for an I-485 adjustment status form.
You can use the i-485 form to apply for a lawful permanent resident status, informally known as having a green card. The I-485 form has remained unchanged for many years, but USCIS introduced new changes to make it easier to use.
In the form, you will choose your immigrant status, which will help you gather the needed documents and differ from category to category. There is no need to file a separate Form G-325A anymore as the form I 485 has been updated with some previously included elements in G-325A.
It is mandatory to be physically present in the US. You cannot apply from your home country to file this application.
I 485 form differentiates between a principal and derivative applicant. The principal applicant is considered a beneficiary of an immigrant petition or otherwise qualified to adjust status. In contrast, the derivative applicants maybe a spouse and children (under 21 years). Their right to adjustment is based on the principal’s applicant status.
After you filed your I-485 form and it is pending within 180 days, you can apply for a job offered in the i-140 form.
However, the new job offer has to be full-time, permanent, and in the same or similar occupational classification as the job offered in Form I-140 that is the basis of your Form I-485. To request the job change, you can send a request to USCIS and a letter from the new employer. The letter will serve as proof and provide more information and documentation needed in this case.
The documents needed to adjust your status are:
There is a list of documents that you have to submit so you can successfully file your application.
1. The i-485 application form for the adjustment of status
2. I-765 form for Employment authorization
3. Form I-131 for advance parole (used to return to the US),
4. A medical report provided by your doctor
5. The form I-944 public charge rule (proving that you will not be using any government financial support and can bear expenses autonomously).
Besides, you need to submit a copy of your -140. As in any visa application process, you can request premium processing by paying an additional fee, speeding up the process, and saving your valuable time. The other two forms needed are I-864, which shows what family members will be financially supported by you, and a supplement J, which is a confirmation of a job offer if you changed job after filing i485.
Besides the forms needed for this application process, it is mandatory to submit personal documents such as a birth certificate that has to be issued by a relevant authority, translated into English, and notarized. If your birth certificate cannot be issued in exceptional cases, you can submit a church certificate, school, medical records, proof of unavailability, or non-existence.
However, these cases are quite specific, and you will have to explain why you cannot provide the required certificate. Together with your birth certificate, you have to file the most recent valid passport copies. Blank pages should also be included. In case your old passport has a US visa stamp or used it to enter the US, you have to provide that copy.
Furthermore, you have to submit all prior i-94 copies, i-797 approvals, I-20, and EAD card. Prepare your most recent driver’s license if you have it, six photographs compliant with passport standards, health insurance, and IRS Tax transcripts.
For your family members, you are required to submit all previously mentioned personal documents and a marriage certificate, child relationship proof, which can be a childbirth certificate or a child passport if any of these documents contain parents’ names in them. Some of the documents are not mandatory but are recommended in most cases, such as a credit report or bank statements, FBI and State Police clearance reports.
After you prepare all the documents and evidence, complete, sign the form, and pay the filing fee, you can submit your i-485 form to the USCIS. Once your application is received, USCIS will issue a receipt notice, Biometric services notice, if applicable, and notice to appear for an interview if required.
The processing of this application usually takes six months.
