EB-3rd Preference
What is an EB-3 Visa?
The EB-3 Employment-Based Green Card is a third-preference immigrant visa category for foreign nationals seeking permanent residency in the United States through employment. The EB-3 category is designed to attract skilled workers, professionals, and other workers to fill positions where there are shortages of qualified U.S. workers.
Benefits of the Family EB-2C Visa
The EB-2B Visa offers some benefits for beneficiaries, including:
- Premium processing: Applicants for Skilled Worker and Professionals can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 15 calendar days.
- Path to Citizenship: EB-3 Green Card holders can apply for U.S. citizenship after five years.
Skilled Workers Eligibility Criteria:
- Minimum Education/Experience: Applicants must have at least two years of job experience, training, or education that meets the requirements specified in the labor certification.
- Job Offer: A permanent, full-time job offer from a U.S. employer is required.
- Labor Certification: The U.S. employer must obtain a labor certification from the Department of Labor (DOL) to demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.
Professionals Eligibility Criteria:
- Minimum Education: Applicants must possess at least a U.S. bachelor’s degree or its foreign equivalent. Degrees must be directly related to the job being offered.
- Job Offer: A permanent, full-time job offer from a U.S. employer is required.
- Labor Certification: The U.S. employer must obtain a labor certification from the DOL.
Other Workers (Unskilled Workers) Eligibility Criteria:
- Minimum Education/Experience: Applicants must be capable of performing unskilled labor requiring less than two years of training or experience, which is not of a temporary or seasonal nature.
- Job Offer: A permanent, full-time job offer from a U.S. employer is required.
- Labor Certification: The U.S. employer must obtain a labor certification from the DOL.
Labor Certification (PERM)
Managed by the U.S. Department of Labor (DOL), the PERM process ensures that hiring a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Employers must demonstrate that there are no qualified U.S. workers available for the position at the prevailing wage. Visit our dedicated page for the Labor Certification process.
Job Offer Requirements
The EB-3 visa requires a job offer from a U.S. employer, applicants must have a definite, permanent job offer and the employer must demonstrate the ability to pay the offered wage.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 3rd category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 3rd category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Initial Consultation: We start with a thorough consultation to assess your eligibility and discuss your options for immigration to the United States.
- Job Offer Verification: We assist in verifying your job offer and ensuring it meets the requirements of the EB-3 visa category.
- Petition Preparation: We help prepare and file the Labor Certification and Form I-140 petition.
- Document Compilation: We gather and organize all required documentation, including proof of job experience, educational qualifications, and job offer.
- Visa Application Assistance: We provide guidance and support throughout the visa application process, including consular processing or adjustment of status, depending on your circumstances.
- Follow-Up and Communication: We stay in regular communication with you and provide updates on the status of your case until your EB-3 visa is approved.
The Employment EB-3 Visa is an essential pathway for skilled workers, professionals and other workers to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing talent? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-3
Step 1 | Obtain a Labor Certification The U.S. Company must complete the PERM process to obtain an approved Labor Certification from the Department of Labor (DOL). |
Step 2 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker must be filed by the U.S. Company with USCIS along with evidence that the Beneficiary has the education, experience or skills required for the job offer. |
Step 3 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 4 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB3
- Do I need a job offer to apply for an EB-3 Green Card?
Yes, a job offer from a U.S. employer is required to apply for an EB-3 Green Card. The employer must also go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the position.
- How long does it take to get an EB-3 visa?
The processing time for an EB-3 visa varies depending on factors such as the applicant’s home country and the backlog of visa applications. Premium processing may be available for certain categories, which can expedite the process.
- Can I apply for an EB-3 visa while in the United States?
Yes, you may be able to apply for an EB-3 visa while in the United States if you meet certain criteria. This typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-140.
- Can my family accompany me on an EB-3 visa?
Yes, EB-3 visa holders may be eligible to bring their spouse and unmarried children under 21 to the United States as derivative beneficiaries. They can apply for immigrant visas or adjustment of status concurrently with the primary EB-3 applicant.
- Can my family members work in the U.S. on an EB-3 visa?
Yes, spouses of EB-3 visa holders are eligible to apply for work authorization in the United States. Unmarried children under 21 are not eligible to work but are permitted to attend school in the U.S.
- What happens if my EB-3 petition is denied?
If your EB-3 petition is denied, you will receive a notice explaining the reasons for the denial. You may have options to appeal the decision or file a motion to reopen or reconsider the case, depending on the specific circumstances.
- Can I change employers after receiving my EB-3 Green Card?
Yes, you can change employers after obtaining your EB-3 Green Card. However, the new job must be in the same or a similar occupational category, and the new employer may need to file a new Form I-140 petition on your behalf.
- Can I apply for U.S. citizenship after obtaining an EB-3 Green Card?
Yes, after holding your EB-3 Green Card for a certain period (typically five years), you can apply for U.S. citizenship through the naturalization process, provided you meet all other eligibility requirements.
