how to apply for eb3 visa

by Kenna Cartwright DVM Published 2 years ago Updated 1 year ago

EB3 Application procedures from foreign worker

File Form DS-261, Choice of Address and Agent. This is an online form which the foreign worker must fill in each section and submit it. ...
Complete medical examination and vaccination. ...
Compile the EB3 visa supporting documents file. ...
Attend the visa interview. ...
Receive the NVC package and travel to the US. ...

Full Answer

How long will the EB3 process take?

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 early should I apply for the visa?

This is because it can take up to six weeks to get an appointment at the US Embassy for a visa. The answer is - as early as possible. And so it is okay to apply for a visa 4–5 months before the intended day of travel. Most consular officers appreciate this and they may ask you for the reason for applying so early.

What is Eb3 visa, processing time?

What is the Overall EB-3 Processing Time?

PERM Labor Certification Processing Time: 6 – 9 Months. The PERM Labor Certification Process can take as little as 6 to 9 months after the ETA-9089 application is filed.
I-140 Processing Time: Six Months or 15 Days. ...
Wait Time for Priority Date: Varies Widely. ...
I-485 Petition for Status Adjustment: Four to Six Months. ...

Can I change from Eb3 to EB2?

However, if you also acquire a position that requires an advanced degree, you have a much stronger case. Basically, in order to be able to transfer from an EB-3 to an EB-2, you most likely need to have a radical change in employment. This is usually done either through a large promotion with the same employer or by working for a new one.

How can I get 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 long does it take to get a EB3 visa?

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.

Can I apply for EB-3 on my own?

Filing an EB2 to EB3 downgrade means filing EB3 i140 and i140 can only be filed by a US employer. Hence, you cannot yourself downgrade your application.

How much does 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.

Is it difficult to get EB-3?

As far as requirements go, the EB-3 enjoys the lowest qualifications. You only need to have a non-seasonal job in order to qualify under the “other workers” category, so most workers are able to be eligible.

Who can sponsor EB3 visa?

The EB-3 allows employers to hire foreign nationals as professionals, skilled workers, and unskilled workers and sponsor them for a green card. The Employment-Based Third Preference (EB-3) category is a special classification by the U.S. Citizenship and Immigration Services (USCIS).

How long is EB-3 visa 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.

Can I stay in US while waiting for EB-3?

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

How many years does it take to get a green card in eb3?

Step 2: Form I-140 Immigrant Petition The next following step is to file Form I-140 and submit it to U.S. Citizenship and Immigration Services. Form I-140 is basically an immigrant visa petition that is filed by the employer on behalf of the foreign worker. USCIS usually takes six months to give a response.

How long is EB3 visa valid?

How many EB-3 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.

What is the priority date for EB-3?

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

How long does it take for PERM approval for EB-3?

PERM Labor Certification Processing Time: 6 – 9 Months On average, the DOL provides the prevailing wage determination within one to three months. The advertisement and recruitment process usually takes at least two months.

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:

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 Long is the EB3 Green Card Processing Time?

What happens if a foreign worker is denied a labor certification?

However, if the labor certification is denied, the employer cannot hire the foreign worker and must apply again to the DOL.

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.

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 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.

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.

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 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.

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?

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.

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 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.

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.

Can a spouse apply for employment authorization?

The spouse has the opportunity to apply for an Employment Authorization Document while the permanent residency application process is still unfolding. This will give them the chance to freely work in the United States.

Introduction to EB3 Visas

Each year, the United States of America gives out thousands of employment-based immigration visas to eligible candidates. One way to get a green card is through a U.S. company. This is referred to as EB or “employment-based” green cards. There are five different categories of EB green cards.

What is an EB3 Visa?

EB3 Visa stands for “Employment-Based Third Preference Category.” Eligibility turns on having a certain type of job offer from a U.S. company. In EB3 cases, a U.S. company has to ask the U.S. government to give you a green card so you can work with them. So, the first thing you need is a job offer from an American sponsor.

What is the difference between EB2 and EB3 visas?

EB2 stands for “Employment-Based Second Preference Category.” The EB2 visa category is designed for individuals who advanced degrees and are exceptional or advanced in their fields. Like EB1 and EB3, EB2 is divided into three subcategories:

EB3 Visa Requirements

The EB3 visa process can be confusing. Here, we try to help you understand the process, form and timelines. First, we’ll discuss the categories of EB3 visa in more detail.

Application Process for EB3 Visa

It is your employer’s job to file a petition requesting an EB3 Visa for you. There are four major steps in the process.

Timeline for an EB3 Visa

The EB3 Visa timeline depends on how many visas are available. The visa bulletin tells you when you can apply for a green card in each category.

EB3 Visa Lawyer: Online Search Tool

Your EB3 visa case is complicated. There are two agencies and four to five different parts to each case. For that reason, it’s important to find an experience EB3 visa attorney to help you.

What are the two visa categories for green cards?

Employer sponsored green cards fall under 2 visa categories: EB-2 and EB-3. The appropriate category will depend on the job requirements and the individual credentials of the beneficiary.

How long does it take to get an ETA form?

Once the ETA Form 9089 is filed with the Department of Labor, it should take about 2 to 3 months to process.

What does the DOL do before you immigrate to the US?

Therefore, before you immigrate to the US, the DOL must certify that there is a shortage of qualified workers.

How long does it take to get work authorization?

From the time you file your adjustment of status application, you should receive your work authorization (EAD) and travel permission within about 3 to 4 months.

Where do I file an I-140?

The immigrant petition (Form I-140) is filed by your employer. The form is sent to USCIS along with all supporting documentation.

Where must an employer be based?

Your employer must be based in the United States.

What is the form for permanent labor certification?

Your employer must file an Application for Permanent Labor Certification with the Department of Labor (ETA Form 9089) .

U.S. Department of Labor – Labor Certification

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 ...

See more on uscis.gov

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”).