All You Need to Know About the EB-3 VISA

EB-3 Visa: Navigating Employment-Based Immigration

Definition of EB-3 Visa:

• The EB-3 visa is an employment-based immigrant visa category designed for foreign workers requiring less than a bachelor's degree.
• It includes skilled workers, professionals, and other workers.
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Benefits of EB-3 Visa:

• Permanent Residency: Grants a green card, signifying permanent residency.
• Family Accompaniment: Allows family members to apply for green cards.
• Job Flexibility: Permits flexibility in changing employers and positions.
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Requirements of EB-3 Visa:

Skilled Workers:

• Minimum of two years of job experience or training.
• Job offered must require at least two years of experience or training.

Professionals:

• Possession of a U.S. bachelor's degree or equivalent.
• Job offered must require a bachelor's degree

Other Workers:

• Positions requiring less than two years of higher education, training, or experience.
• Availability of a job offer for such a position.

Numerical Limitations of EB-3 Visa:

• No specific numerical limitation or annual cap.
• Not subject to quotas restricting the number of visas issued annually.
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Who Files the Petition?

• The sponsoring U.S. employer typically files the EB-3 visa petition.
• The employer submits Form I-140, Immigrant Petition for Alien Worker, to USCIS.
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Process of EB-3 Visa:

• Labor Certification: Employer obtains labor certification from the Department of Labor (DOL).
• Form I-140 Petition: Sponsoring employer files Form I-140 with USCIS.
• Visa Bulletin and Priority Date: Establishment of priority date based on I-140 approval.
• Adjustment of Status or Consular Processing: Application process depending on the location of the foreign worker.
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Documents Required for EB-3 Visa:

• Approved labor certification from the DOL.
• Completed Form I-140.
• Supporting documents demonstrating the employer's ability to pay and the qualifications of the foreign worker.
• Valid passport for the foreign worker.

Fees Associated with EB-3 Visa:

• Fees associated with labor certification, including recruitment costs.
• Filing fee for Form I-140.
• Adjustment of Status or Consular Processing fees.

Processing Time of EB-3 Visa:

• Processing time varies based on factors such as USCIS caseload, document accuracy, and case specifics.
• Average processing time spans months to years, from labor certification to green card approval.

Conclusion:

The EB-3 visa offers a pathway for foreign workers to secure permanent employment in the United States. Its subcategories cater to various skill levels, and the absence of specific numerical limitations enhances its attractiveness. Understanding its stringent requirements, benefits, and procedural intricacies is crucial for successful navigation. Employers should collaborate with immigration professionals to ensure compliance and the submission of accurate documentation. As a gateway to permanent residency, the EB-3 visa contributes to a diverse and skilled U.S. workforce while providing foreign workers with the prospect of building a long-term life in the United States.