DO YOU WANT TO BE A U.S LEGAL PERMANENT RESIDENT?
While applying for a U.S. visa, you may have many options in mind, but you are not sure which visa will suit you. There are many visas available, and in those numerous visas, the EB-3 visa is one of them.
Since there are so many visas available and you are thinking of obtaining an EB-3 visa, you are not sure what its requirement is and how to obtain one.
So, this article is going to help you understand what an EB-3 visa is and how to get one.
What is an Employer-Sponsored Green Card?
There are many ways to get a permanent residence in the U.S. Some options require you to invest in the U.S. or have immediate family members in the U.S.
The other option is if a U.S. company or employer green card holder sponsor’s their green card through a job offer is called an employer-sponsored green card.
What Is an EB-3 Visa?
The EB3 visa is actually a green card for workers or professionals or any skilled worker planning to live in the U.S. It is an employment-based visa or green card.
EB3 visa enables an immigrant to live in the U.S. and allows that person to work in his field. It is for those who want to enter the U.S. to get a job.
The main difference between EB-3 visa and EB-1 EB-2 visas is that EB-3 visa is not strict as the previous two are.
Every year 40,000 EB-3 visas are awarded to the applicants. The first requirement for acquiring an EB-3 visa is to get a job offer from a U.S. employer.
It is also called an employment-based third preference visa. The EB3 visa is available to three categories of people:
- Skilled workers
- Unskilled workers
To initiate the visa application process, the employer has to go into a PERM process that would be based on the EB-3 requirements.
The process is the same process that has to be completed in other employment-based visas.
The employer should keep in mind that the EB-3 visa is only for a full-time job and not for a job position of seasonal nature.
Family of the EB-3 Green Card Holder
A person who holds an EB-3 visa can also bring some of his family members along with him. A legal spouse will have access to EW4 and E34 visas, and a child under 21 years old will have access to EW4 and E35 visa.
E34 and E35 visas are for skilled workers, and Ew4 and Ew5 visas are the categories of other workers.
The spouse can apply for an employment authorization document, and the permanent residency application process will be in process.
This will give the spouse a chance and an opportunity to work freely in the United States.
EB-3 Visa Requirements & eligibility criteria
Qualifying for the EB-3 green card is higher than EB-1, and the reason for this is that getting an EB-3 green card or third priority worker visa is less strict. For getting an EB-3 visa, you may have to wait for the approval.
The EB-3 visa applications can not be adjusted if the priority date has not become the current date, and this date is set when the Labor certification process starts.
There are three routes for the Labor certification process, and these are:
- Skilled workers: For applying for the position of skilled worker requires two years of relevant work experience or training. But it is mandatory to do a labor certification process to demonstrate or prove that there is not any qualified person available in the U.S.
- Professionals: The position of the professional requires a baccalaureate degree or any foreign degree equivalent. A baccalaureate degree is mandatory for this position. There should not be any qualified workers in the U.S. for the same position.
- Unskilled workers (Other workers): For the application of unskilled workers or unskilled labor requires to demonstrate in the labor certification process that this job is not of a temporary and seasonal nature. Unskilled labor jobs are those that can be acquired with less than two years of training.
What goes into the EB-3 process?
To get an EB-3 green card, you must find a sponsoring employer. Your sponsoring employer has to acquire the PERM labor certification process for you.
After obtaining the PERM labor certification process, your sponsoring employer has to file an I-140 immigrant petition for the alien worker.
After filing the petition, you have to wait for your priority date to become the current date. You will get a visa number when your priority date becomes the current date then you can file I-485 for the adjustment of the status form.
You can complete your DS-260 Online Immigrant visa application and can go through a consular processing interview.
The last process for acquiring EB-3 green card is to attend an interview at the USCIS office or U.S. consulate, or U.S. embassy that depends on whether you are inside the U.S. or outside the U.S.
Labor Certification Process
Acquiring any employment-based green card requires a PERM labor certification process to be followed.
In PERM labor certification U.S. Department of Labor demands that the sponsoring employer must test the market that is there any chances that a legally qualified worker is already present in the U.S.
PERM labor certification process also requires a Prevailing wage determination, and it involves:
- Posting of the job on the relevant workforce agency.
- Posting of the job advertisement in a major newspaper on consecutive Sundays.
- Posting the advertisement of the job at a conspicuous place of the worksite and on the company’s website.
A piece of advice can be given to the employer during the EB-3 visa process; he should record all actions. It would be best for the employer that he should take advice from an experienced immigration attorney.
Immigration petitions can be directly sent to USCIS without labor certification in some exceptional cases.
To initiate the application process employer has to file an I-140 form with USCIS. The employer who is sponsoring you the visa should prove that they can pay you the wages offered in the job offer.
For proving the ability to pay the wages offered, the employer can use an annual report, federal income tax return, or an audited financial statement. permanent resident
EB3 Visa fee
You have to pay some fee for the application process of visa. The employer has to pay his share of taxes, but you too have to pay the taxes you are responsible for.
The visa application fee is $700, but if you opt for premium processing, the premium processing fee will be around $1,410. If you are coming from overseas, then you also have to pay a visa application fee that will cost $345.
If you are already in the U.S. and want the adjustment of status, then you can adjust your status by filing Form I-485, and the fee for it will be around $1,225.
EB3 Visa Processing time
For acquiring an EB3 visa, you may have to go through various processes. The application can take between 1 and 3 years to be processed.
How Does Green Card Priority Date Work?
Your green card priority date starts when USCIS receives your Form I-140. You have to keep the priority date in mind while checking the monthly visa bulletin, which the Department of State releases.
There is a limit on how many immigrant visas can be given each year, and when the limits go over, it creates a backlog. Due to this, many people have to wait for several years.
The visa bulletin provides the final action dates for the categories of green cards according to the applicant’s country of origin. You have to keep an eye on the visa bulletin.
There was a problem with the processing time in 2019; some countries, i.e., were backlogged for ten years or more.
However, it is not always the case because sometimes dates of some changeability become or remain current, reducing the processing time.
You should always consult with your immigration lawyer to know how long you will have to wait to use consular processing or can adjust your status.
Adjustment of Status VS. Consular Processing
After the approval of your I-140 form and your priority date is current, you will have two routes to get your green card one will be consular processing, and the second will be the adjustment of status.
Adjustment of status is for the nonimmigrants living in the U.S. First of all, you should have a status to adjust, and secondly, you must be living in the U.S with a temporary visa such as H-1B, E-2, or L-1 visa.
In this case, you have to file Form I-485 with USCIS, and you have to wait approximately six months for the form to be processed.
If you are not in the U.S, you have to go through consular processing, which involves making an appointment with the U.S embassy in your home country.
The appointment can take several weeks or months to be scheduled. During the interview at the U.S embassy, the consular officer may ask several questions to make sure you are the legitimate person.
The consular officer may ask who your employer is and if you are a qualified worker or not.
Consular processing interview is a less expensive way to adjust status, but it can also be proved as a fast-track method.
What Goes into Consular Processing?
If you are applying for the process of your green card process outside the U.S, you will have to follow the steps given below:
#Complete DS-261 application
After the approval of I-140 by USCIS that your employer filed, your petition will be forwarded to the National visa center, and it will assign a case number for your petition.
When your priority date meets with the most recent final action date, you will be asked to complete the DS-261 application.
The DS-261 application is an online form that contains your personal information. DS-261 is mandatory because it will be included in your supporting documents.
#Complete medical examination
Before the interview date, you have to complete a medical examination as it will be mandatory for your admissibility in the U.S.
#Prepare your EB-3 Green card Supporting documents.
After the approval of DS-261, you have to provide complete supporting documents for the consular processing, and the required supporting documents are given below:
- Your passport with a validity of six months.
- Two photographs.
- Approved labor certification
- The employment letter
- Academic records
- Criminal records
- Medical documents
- DS-261 confirmation page.
- Approved I-140 petition
#Attend your visa interview
After reviewing your supporting documents, NVC will schedule a visa interview that you have to attend. If your visa interview is successful, NVC will send you your passport along with your immigrant visa with a sealed package.
Don’t open the sealed package as it will be checked and opened by the immigration officer at the port of entry. Once you are in the United States, you will get your employment-based green card via mail.
Can Premium Processing Help?
Luckily, USCIS offers a service to speed up the processing time of all visa petitions that use I-129 or I-140 forms. If you pay an additional premium processing fee of $1,440, the processing time of various petition forms, i.e., I-129 or I-140, can be shortened to 15-calendar days of your immigration petition. However, it will not expedite any other steps included in the EB-3 process.
If your priority date does not become the current date for some time, then premium processing will not help because you will not adjust your status. You should also keep in mind that premium processing will also not help in the approval of your petition. Speak with your immigration lawyers; they will guide you better.
Consult Immigration Lawyers
The application process for an EB-3 visa can be complex for you, and the processing time can also vary, so you should contact immigration services by consulting immigration lawyers. If you want to be a lawful permanent resident of the U.S., then you have to follow all the steps required in the application process carefully. Take immigration service from a qualified immigration expert for a permanent residence in the United States.
Getting an EB-3 visa is more effortless than EB-1 and EB-2. It is available for three categories: skilled workers, qualified workers, and unskilled workers or other workers.
A skilled worker is one who has two years of work experience and relevant post-secondary education or training.
Qualified workers or professional workers are those who have a U.S. baccalaureate degree or foreign equivalent. The EB-3 visa is not for the job of seasonal nature.
How can Herman Legal group help you?
Herman legal group has a track record of providing expert immigration services to its clients around the globe.
We can proudly say that we have been successful a number of times in acquiring EB3 immigration status for our clients. Foreign nationals and foreign workers can contact us to get our immigration services.
We offer a wide range of immigration services ranging from one-to-one consultation to the application of an EB3 visa. Make sure to contact us and leave your query.
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