EB-3 Visa: Obtaining Permanent Residency Through Employment
If you are looking to immigrate to the United States based on employment, the EB-3 visa may be a suitable option for you. This visa is available to skilled workers, professionals, and other unskilled workers, depending on your education, skills, and work experience.
The eligibility requirements for the EB-3 visa vary depending on the category you fall under. Skilled workers must have at least two years of job experience or training that is not temporary or seasonal. Relevant post-secondary education may also be considered as training. Additionally, you must perform work that qualified workers are not available to do in the U.S., and a labor certification and a permanent, full-time job offer are required.
On the other hand, professionals must be able to demonstrate that they have earned a U.S. bachelor’s degree or its foreign equivalent related to their occupation and that this degree is the normal requirement for entry into the profession. You must also be performing work that qualified workers are not available to do in the U.S., and a labor certification and a permanent, full-time job offer is required.
If you are an unskilled worker, you must be able to perform unskilled labor that requires less than two years of training or experience, not temporary or seasonal. Additionally, you must perform work that qualified workers are not available to do in the U.S., and a labor certification and a permanent, full-time job offer are required.
To apply for the EB-3 visa, your employer must file a petition on your behalf. This petition must include an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL) if required for the specific visa category. Your employer must also complete and sign Form I-140, pay the filing fee, and provide all the necessary evidence and supporting documentation. As part of the application process, your employer must demonstrate an ability to pay the offered wage as of your visa priority date.
Once your Form I-140 is received, USCIS will process your petition and provide you with a receipt notice confirming that they received your application. You may also receive a biometric services notice if applicable, a notice to appear for an interview if required, and a notice of a decision.
It is important to note that petitions for certain classifications must be filed with an original individual labor certification from the DOL. For more information on the filing requirements and fees for a labor certification request with DOL, visit the Foreign Labor Certification page on the U.S. Department of Labor website.
Navigating the EB-3 visa application process can be complex, but an experienced immigration attorney can help guide you through the process and ensure that your application is filed correctly. Contact our office today to schedule a consultation using the following link: Schedule a Consultation – I.S. Law Firm, PLLC., and learn more about your options for employment-based immigration.