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how long does it take to get an eb3 visa

by Matt Langworth PhD Published 2 years ago Updated 2 years ago
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between 1 and 3 years

How long does it take to process an Eb3 greenca?

The EB3 Green Card processing time can most times be from a low of 1 to 3 years to very long wait times of 6 or more years. Since the EB3 visa has an annual visa cap, the EB3 processing time can be quite long. If you are within the yearly limit, then your visa may be processed within a few months.

How long does the EB3 adjustment of status i485?

If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. The only exception is if your EB-2 is filed under a national interest waiver (NIW). Employment-Based Green Card Types and Process

How to get Eb3 green card?

What Goes into Consular Processing

  • Complete the DS-261 Application. Once the USCIS has approved the I-140 filed by your employer, your case will be forwarded to the National Visa Center (NVC), which will assign a ...
  • Complete the Immigration Medical Exam. ...
  • Prepare Your EB-3 Green Card Supporting Documents. ...
  • Attend Your Visa Interview. ...

What is the difference between EB1, EB2 and EB3?

EB3 – Skilled Workers, Professionals and Other Workers. The EB3 green card is intended for workers with the lowest qualification when compared to EB1 and EB2 category.. While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category. ...

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Is EB3 visa easy to get?

The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.

How much does an EB3 visa cost?

EB-3 visas cost $345 and take about six (6) months to get. EB-3 visa holders get automatic legal permanent residence (green card) and may eventually be able to naturalize.

Can I work while waiting for EB-3?

The EB-3 is an immigrant visa, granting permanent residence to whoever holds it. The H-1B is a nonimmigrant visa, allowing the holder to stay temporarily in the U.S. for work. H-1B holders can typically only remain in the U.S. for a maximum of six years.

What are the chances of getting EB3 visa?

The EB3 visa makes up 28.6 percent of the employment-based green cards available for overseas workers. Around 40,000 of these visas are available every year. Furthermore, no more than 7% of all EB3 visas can be granted to citizens of any one country.

Who qualifies for EB3 visa?

EB-3: Employment-Based Immigration – Skilled Workers - Professionals and Other Unskilled Workers. You may be eligible to be classified as a skilled worker, professional, or other worker depending upon your education, skills and work experience.

How long is EB3 valid?

10 yearsWhen issued, your EB-3 will be valid for 10 years. Keep in mind that this is not like renewing a nonimmigrant visa, where you need to submit a new petition and essentially re-qualify for the visa.

How many EB3 visas are issued each year?

The EB3 visa is limited in the number of visas issued per year. Out of the total 140,000 immigrant visas issued for the employment category, 28.6% or around 40,040 visas are allocated for the EB3.

Which is faster EB2 or EB3?

Assuming, EB3 moves at a faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140. Now, in the future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.

What is the priority date for EB3?

The date that the PERM labor certification is filed and received by the U.S Department of Labor is your priority date.

Can I bring my family with EB3 visa?

Those who obtain an EB3 visa can also bring some of their families along with them. A legal spouse will have access to the E34 or EW4 visa, whereas an unmarried child under 21 years old will usually come under the E35 or EW5 visa.

Is EB3 visa a green card?

The EB-3 visa is a third preference employment-based green card for skilled, professional, or other workers. EB-3 visa requirements are somewhat less stringent than the EB-1 and EB-2; As a result, the wait often takes more time.

Is EB-3 going to be current?

EB-1 will remain current for all countries. EB-2 and EB-3 Professional and Skilled Worker will remain current for all countries except India and China.

How much does a green card cost 2022?

The fees are (as of early 2022): $535 for an I-130; $435 for an I-360 (with exemptions for VAWA and many other applicants); $535 for an I-129F; and $700 for an I-140.

How many years does it take to get a green card in EB-3?

between 1 and 3 yearsThere are several steps in receiving an EB3 visa application. Therefore, the EB3 processing time should take between 1 and 3 years for most EB3 visa applications to be processed. Yet, it can be longer for people of some countries.

How do I get a US EB3 visa?

How Do I Apply For an EB-3 Visa?Obtain an approved application for Permanent Labor Certification from the US Department of Labor (If required for the specific visa category.)Complete the Form I-140.Submit the Filing Fee(s).Submit evidence.Sign and file the Form I-140.

How much does a green card cost 2021?

The government filing fees for getting a family-based green card is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States. This does not include the typical cost of the required medical examination, which varies by provider.

What is an EB-3 visa?

The EB-3 visa is an employment-based immigrant visa, which leads to U.S. permanent residence or a green card. It is also referred to as the employment third preference visa category. It's available to three categories of people: skilled workers, unskilled workers, and professionals. Obtaining one can be a years-long process, however.

How long does it take to get a green card after a priority date?

consulate. With adjustment of status, you'll need to take the initiative and submit your own application, several months after which you'll be called in for your green card interview.

How long does it take to get a labor certification?

Employer advertising and recruitment in preparation for the labor certification request will normally take at least two months and possibly several months. After your employer files the request for labor certification, DOL will ordinarily take four to six months to issue a decision.

What is the form I-140?

Your employer submits a visa petition on your behalf ( using Form I-140) to U.S. Citizenship and Immigration Services (USCIS).

Can an unskilled worker get an EB-3?

Unskilled workers can apply for an EB-3 visa if the position offered to them requires less than two years training or experience. Professionals must have a U.S. bachelor's or foreign equivalent degree. See EB-3 Visa for Professional, Skilled, or Unskilled Workers for more detailed eligibility rules.

How to Apply for the EB3 Visa?

Applications for the EB3 visas have multiple steps which involve both the employer and the foreign employee. The application process for an EB3 visa has two parts:

How Long is the EB3 Green Card Processing Time?

The EB3 Green Card processing time can most times be from a low of 1 to 3 years to very long wait times of 6 or more years. Since the EB3 visa has an annual visa cap, the EB3 processing time can be quite long. If you are within the yearly limit, then your visa may be processed within a few months.

What is EB3 Visa?

EB3 visa is a Third Priority Worker visa that allows three types of workers to go to the U.S permanently and work there. These groups of workers are:

What are the Benefits of the EB3 Visa?

With an EB3 visa, the foreign workers can go to the U.S, live there permanently and work without having to obtain an Employment Authorization Document (EAD). After a few years at the same job, they can also switch employers and job positions. They get the Green Card and are required to pay all taxes applicable to them. They are also allowed to travel within and outside the U.S, as well as live in a different state in the U.S than the one they first moved to.

Who is Eligible for the EB3 visa?

In order to qualify for the EB3 visa, a foreign worker must prove the following:

How to get approval to hire a foreign employee?

In order to get final approval to hire the foreign employee, the U.S employer must petition to the U.S Citizenship and Immigration Services. This is done by filing Form I-140, Immigrant Petition for Alien Worker to the USCIS. USCIS will require the employer to attach supporting financial documents such as statements, audits, tax returns and others to evaluate whether they are able to pay the foreign worker and afford additional employees.

Can an employer sponsor a foreign worker on an EB3 visa?

On the other hand, the U.S employer must also prove the following to quali fy for sponsoring a foreign worker for an EB3 visa: That the employer could not find an available, qualified, or willing U.S worker for the job position. That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.

What is skilled worker visa?

“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.

What is the third preference form?

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

How many years of experience do you need to be a skilled worker?

Certification. Skilled Workers. You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.

What is EB-3 Visa?

The EB-3 visa means it is the third preference employment-based (EB) green card. As with other green cards, it gives the holder indefinite / permanent residency to live and work in the United States.

What is E35 for children?

Minor children (who must be under 21 and unmarried) are typically admitted via E35 (“skilled”) or EW5 (“other” worker) While the process of applying for permanent residency is ongoing, the spouse may apply for an Employment Authorization Document (EAD), which lets them work freely in the country.

Can I file a petition for labor certification without a USCIS?

In certain exceptional cases (Schedule A, Group I) a petition may be submitted directly to USCIS without a labor certification. We can advise on this.

Can I downgrade from an EB-2 to an EB-3?

Individuals who have an approved form I-140 may also be able to downgrade from an EB-2 to an EB-3.

Is there a waiting list for an EB3 visa?

So, there are higher chances to qualify for an EB3 visa. However there is often a waiting list for approval.

What is the first step in the EB3 visa process?

Labor Certification. The first step in the EB3 visa application process is done by the US employer. The US employer must get a labor certification from the Department of Labor after applying for a prevailing wage determination. The Labor Certification is done to prove there are no US workers for the job.

How long is an EB3 visa valid?

You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years. You can renew the visa if needed at that point.

What is an I-140 form?

Form I-140 is the Immigrant Petition for Alien Workers. This form serves as your petition for your EB3 visa. USCIS will use the information provided in this form to determine if you meet the conditions for an EB3 visa. The form contains information about the petitioner, the beneficiary, and the job. For more information about Form I-140, click here.

What happens if my EB3 is not approved?

USCIS will make a decision on the petition. If your petition is not approved, the beneficiary will not receive an EB3 visa. If the petition is approved, a notice will be sent to the National Visa Center (NVC) if the beneficiary is abroad and not applying for an adjustment of status.

What information is included in an EB3 petition?

The employer should also include financial information to demonstrate their ability to pay the beneficiary.

How many EB3 visas are there?

You may be eligible for an EB3 visa if you a skilled workers, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year.

What is an EB3 visa?

The EB3 visa gives qualified individuals permanent resident status in the United States. There are many benefits to being a permanent resident. Some of these include having the ability to change employers and to travel more freely.

How long does it take to get an I-140?

On average, it takes six months to process Form I-140. If the US government requires that you go through PERM Labor Certification, it can take longer. In some cases, it can take up to two years. The good news is, you can speed up the process with premium processing. The fee is $1,225 but instead of six months to process the I-140, it will take 15 days.

What happens when an employer receives an I-140?

Once the USCIS receives the Form I-140, the petition will be processed and then the employer will get confirmation that it was received. The employer will also be notified of a decision.

What is an I-140?

Your employer must file Form I-140, which is an immigration petition. The employer must prove to the United States Citizenship and Immigration Services (USCIS) office that they will be able to pay you the offered wage. They must pay you that wage until you are able to get permanent resident status. To petition on your behalf, the employer must complete the following.

How long does it take to get an EB3?

To get the EB3 application, you will have to go through various steps first. Because of that, it may take between 1 and 3 years for the application to be processed.

What Is an EB3 Visa?

An EB3 visa is a green card for workers, more specifically for professional, skilled, or other workers. It is an employment-based green card, and it is the third preference for such visas. Just like the other two categories (EB1 and EB2), this one allows an immigrant to live in the United States, but also to work in a specific field.

What is priority date for EB3?

The priority date of the petitioner should be current in order to have the EB3 visa application changed from non-immigrant (temporary). The start of the Labor Certification Process will be the one setting the petitioner’s priority date.

How much does it cost to get a visa in 2019?

The visa petition fee was $700 back in 2019. If you want to opt for premium processing as well, the fee for it will be as much as $1,410. A visa application fee may also be required if you come from overseas, and this will cost $345.

How much does it cost to get an I-485?

If you are already in the U.S. legally and can adjust your status already, the application fee for Form I-485 may be around $1,225.

How many years of experience is needed to become a skilled worker?

Skilled Worker – For this category, the worker must have at least 2 years of relevant employment training or experience. The Labor Certification Process will also be necessary in order to show that there are no eligible workers in the U.S. already who may be able to fill the position themselves.

Who should record EB3?

Everything that happens during the EB3 visa process should be recorded by the employer . Having an experienced immigration attorney during the process is also recommended for the employer , as he/she may offer the right guidance to make the process go right.

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Eligibility

Steps in The Process

  • Before you attempt to analyze how long it will take to get a green card in category EB-3, you must understand the many steps in the process. These include: 1. You find an employer interested in hiring you and willing to petition for you. This itself can be a challenge. As you'll see from the steps below, the employer may have to wait several years ...
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How Long These Steps Will Most Likely Take

  • Some of the steps above are your responsibility or those of your employer or lawyer. You'll need to do your best to collect the needed documents and otherwise move the process along, and ask your employer and lawyer about their probable timeline. As for the rest, here's what you can expect (though this changes depending on how backed up with applications the various agencie…
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See A Lawyer

  • The processing time for an EB-3 visa can vary based on many factors, not all of them within your control. However, making sure to do a careful job at filling out the various applications and submitting the required documents and fees can help the process along. Consult with an experienced U.S. immigration attorney for more detailed information about EB-3 visa processin…
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U.S. Department of Labor – Labor Certification

  • Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our p…
See more on uscis.gov

Application Process

  • Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. For …
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Family of EB-3 Visa Holders

  • 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”).
See more on uscis.gov

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