EB-3 Green Card Guide

 

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. There are many types of visas, but today we will focus on the EB-3 visa and how to obtain one

 

 

What is the EB-3 visa?

The EB-3 Green Card is a third preference employment-based Green Card category  which allows foreign skilled workers, professionals and other types of workers to become permanent residents in the United States.

 

Are there different types of EB-3 visas?

The EB-3 category has three subcategories: EB-3A, Professionals; EB-3B, Skilled Workers; and EB-3C, Other Workers . Each eligibility has a requirement.

 

Who can apply for the EB-3 visa?

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. “Skilled workers” are people whose jobs require at least 2 years of  training or experience, and are not temporary or seasonal.

 

What are the EB-3 Eligibility Criteria?

The EB-3 Green Card includes the three subcategories below:

Professionals: This category is usually granted to those who possess a U.S. bachelor’s degree or a foreign equivalent degree. It is important to note  that  a degree is a normal requirement for entering into the occupation and other types of education or experience  does not substitute  higher education.This must also be a job in which there is a scarcity of qualified candidates in the United States.   Some occupations may be included, such as:

  • Lawyers.
  • Physicians.
  • Teachers.
  • Architects. 
  • Engineers.

 

Skilled Workers: To be able to apply as a skilled worker candidate, the petitioner is required to demonstrate at least 2 years of job experience or training in the designated field. In certain cases, post-secondary education may also be considered as training. Regardless of the occupation, this must be a job that lacks qualified workers in the United States. This might include some categories of occupations, such as: 

  • Certain types of technical workers.
  • Reporters and Journalists.
  • Fashion Designers.
  • Graphic Designers.
  • Chefs.
  • Construction Supervisors.
  • Stonemasons.

 

Other workers:  To prove that a foreign citizen is eligible to participate in this category, they must demonstrate their ability to perform unskilled labor that requires less than two years of training. As with the categories above, it is essential to perform some type of activity that lacks qualified workers in the United States. This might include some categories of occupations, such as:

  • Housekeepers.
  • Nannies.
  • Janitors.
  • Farm Workers.
  • Garden Workers.

 

How long is the EB-3 visa Processing Time?

Each case is unique, hence the processing time may vary according to many factors. On average, the processing time for the EB-3 petition could take between 1 to 3 years, from start to finish. In case you are in a hurry, there is also the premium processing option, which allows some applications to be processed much faster. If you are interested and want to learn more, please click here. Our office will make sure that you receive the best and most personalized consultation, available around the world.

 

Do I have to pay fees for the EB-3 visa?

There are different fees you will have to pay when applying for the EB-3 visa. For example, the visa petition fee was $700 back in 2019. If you are interested to know more, please click here.

 

Can I bring my family on an EB-3 visa?


Yes, you can. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

 

How is the application process?

First of all, a permanent full-time job offer in the U.S. is required to start the application process. After that, a permanent labor certification issued by the Department of Labor (DOL) must be obtained by the employer, to initiate the process of hiring a foreign citizen to work in the United States. The employer must also:

  • Submit evidence that the candidate meets all eligibility requirements.
  • Submit evidence of a job-offer to the international citizen.
  • Submit labor certification, meaning that no U.S. worker is qualified for the position.
  • Submit evidence that the U.S. employer is financially able to pay the offered wages. 

 

Once the Labor Certification is approved and all the steps above are completed, a I-140 form has to be filed by the employer who wishes to sponsor the foreign worker, to prove that the applicant qualifies for an EB-3 visa. Afterwards, upon approval of Form I-140, the beneficiary may apply for adjustment of status, if currently in the U.S. If not in the U.S, there is also the option to take a consular processing interview at a U.S. Consulate or Embassy.

 

If you are interested in learning more, please click here.

 

Disclaimer*

All information contained on this website is provided for general informational purposes only. The materials available are not legal advice on any matter. To obtain professional legal advice, it is always advisable to contact an Attorney.

 
The information provided on this post does not, and is not intended to, constitute legal advice. All information and content available on this website is for general informational purposes only. Information on this website may not constitute the most up-to-date legal information. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the website or post does not create an attorney-client relationship between the reader, user, browser, website authors, and contributors.

 

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