- 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.
Who can qualify for EB3 visa?
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.
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.
How easy is it to get an EB3 visa?
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. However, the EB-3 requires a PERM Labor Certification in order to file the I-140.
Can I apply for EB-3 myself?
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 EB3 visa takes?
Getting an approved labor certification is required for the employer to sponsor a foreign worker under the EB3 visa. This process usually takes about 10 months.
How long is EB3 green card valid for?
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 eb3?
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 eb3 visas are issued each year?
Only 40,000 green cards in total are available each year for EB-3 category, out of which 10,000 are allotted to unskilled workers. Some of the highlights of the EB-3 green card category include: Provides permanent residence in the US.
Is there an age limit on EB3 visa?
An applicant must meet minimum qualification requirements and can include his/her spouse and unmarried children below the age of 21 in the application.
How much does I-140 cost?
$700What Is the Filing Fee? The filing fee for Form I-140 is $700. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.
How many EB-3 visas are issued each year?
Only 40,000 green cards in total are available each year for EB-3 category, out of which 10,000 are allotted to unskilled workers. Some of the highlights of the EB-3 green card category include: Provides permanent residence in the US.
Can employee pay for I-140 fees?
USCIS requires that you submit a filing fee with the I-140 petition. This fee can be paid by either the employer or the employee. (The employer is NOT required to be the one to pay this filing fee.)
Can I work while waiting for EB-3?
Once your application is approved, USCIS will send you an Employment Authorization Document (EAD) that you can use to work in the U.S. while awaiting the approval of your green card.
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?
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 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 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 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?
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.
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.
How long does it take to become a US citizen?
Eligible to naturalize to become a US citizen after 5 years.
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.
How to Apply for the EB-3 Visa?
In applying for an EB-3 visa, both employer and the foreign employee must undergo a number of procedures. The EB-3 visa application is divided into two parts:
What Are the Requirements for the EB-3 Visa?
To apply for an EB-3 visa, the foreign worker must comply with the following requirements:
What Are the EB-3 Visa Fees?
When applying for an EB-3 visa, you are accountable for paying certain fees. The DOL, USCIS and the U.S Embassy where you want to send your application will determine the cost. Here are the following fees that you have to pay:
How many visas are there for employment sponsored?
Employment Sponsored Visas are only set to 140,000 visas annually and the total is allocated in the 5 visa types, thus processing may take time. Those who are interested in applying for Employment Sponsored Visas must take note that when the number of visas maxed out within the year, the remaining applications will be lined up for the succeeding years to come. U.S Visa applicants must observe the given priority dates to be able to pass immigration requests.
What is an EB1 visa?
EB1 Visa is the visa type for First Priority Workers. It is for highly capable people with extraordinary talent in arts, athletics, business or education, outstanding university professor or researchers and as well as executive or managers that are employed for 3 years in an overseas branch of a U.S company.
What form do I need to file for an alien worker?
The U.S employer must file Form I-140, Immigrant Petition for Alien Worker to the USCIS. The employer must verify with USCIS that the company is financially stable with financial statements, audits, and tax returns as supporting documents. USCIS will process the petition and inform the employer about their decision.
What is the minimum education required for an EB-3 visa?
Professionals that possess an equivalent or a higher educational degree than the normal requirement for the job. Unskilled workers with a minimum of 2 years of training or work experience. If you belong to any of the following groups mentioned above, you can have the opportunity to apply for an EB-3 visa.
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.
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 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.
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 ...
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”).
Meaning of EB3 Visa
How to Apply For The EB3 Visa
- Applications for the EB3 visas have series of steps which involve both the employer and the foreign employee. The application process for an EB3 visa has two parts: 1. The US employer obtains labor certification and files the necessary petitions. 2. If approved, the foreign employee then applies for the EW-3 visa at a US Embassy in their home count...
Other Employment-Based Immigrant Visa Types
- The types of employment-based immigrant visas are the following: 1. EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years. 2. EB-2 Visa or Second Priority Workers Vis…
Conclusion
- Get your EB3 Visa now by following our guide diligently. We have also covered other US visas like F2 Visa, H1B Visa, E-2 Visa, K3 Visa, etc on our website. Reach out for more information.