- File Form DS-261, Choice of Address and Agent. Completion of an online form ( DS-261 form) serves as the foreign worker’s application for the EB-3 visa.
- Complete Medical Examination and Vaccination. The applicant is required to get medical examinations and vaccinations that are indicated in the NVC package.
- Compile the Supporting Documents File. The following supporting documents listed below are required to be submitted after the NVC approves the Form DS-261.
- Attend the Visa Interview. After the NVC checks on your application and supporting documents, an interview will be scheduled at the U.S Embassy where you sent your application.
- Receive the NVC Package and Travel to the U.S. Once your application for EB-3 visa is approved, a package from NVC will be sent to you. ...
- 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 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.
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 do you qualify for EB-3?
EligibilityYou must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. ... You must be performing work for which qualified workers are not available in the United States; and.A labor certification and a permanent, full-time job offer are required.
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.
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 EB-3 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.
Can EB-3 visa be denied?
There are many stories about people getting their US EB-3 Visa or Employment Based Immigrant Visa denied. It is quite common. It can happen to a friend, a mutual friend, a family member or a colleague. Someone received a job offer as a registered nurse from a US employer.
How many years does it take to get a green card in EB-3?
How Long Does It Take to Get an EB-3 Visa? 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.
Can you work while waiting for EB-3?
If you received work authorization while your green card application is pending, there are no restrictions on your employment, and you can work for any employer. Of course, your employment must comply with both state and federal laws and regulations.
Can I bring my family with EB3 visa?
Just like every other employment-based green card, if your EB-3 visa is approved, your immediate relatives (spouse and unmarried children under the age of 21) can join you in the U.S. If your EB-3 visa was approved under the skilled and professional category, your spouse can apply for the E34 visa, and your children ...
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.
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.
Can I get green card with EB3 visa?
With an EB3 visa, the foreign workers can go to the US, 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.
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. The worker with permanent residency can travel freely.
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.
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.
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 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.
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) .
How can I go from an EB-3 to citizenship?
One of the main reasons that people work to obtain an EB-3 is to make that final step to full-fledged U.S. citizenship. Citizens enjoy several benefits that green card holders do not, such as immunity from deportation, better preferences for sponsoring family members for green cards, and access to federal jobs that require security clearance.
What is the difference between an EB-3 visa and an EB-3 green card?
Getting the terms visa and green card confused is a common occurrence as many people think that they are different things. In reality, a green card is a visa.
What is the EB-3 application fee?
There are several costs that might go into getting an EB-3. The first one, which is mandatory, is the I-140 filing fee of $700. This fee is required every time the I-140 is filed (including for green card “porting”) and must be covered by your employer. The beneficiary is not permitted to pay this fee.
What are the pros and cons of an EB-3?
almost without restrictions (except for federal jobs that require security clearance). With the exception of the EB-5 and marriage-based green cards, each green card is valid for ten years, after which time the holder will need to renew their green card. Renewal does not require the holder to re-qualify, only to pay the renewal fee and demonstrate that he or she has not committed any crimes or stayed outside of the U.S. for an extended period of time.
Can I get an EB-3 with a master’s degree?
Yes you can. You would qualify under the bachelor’s degree qualification for the EB-3. However, having an advanced degree (master’s or higher) is one of the qualifications for an EB-2, so you may consider applying for one or both.
Can I get an EB-3 without an H-1B visa?
Yes. The H-1B is a common way to get an EB-3, but it is far from the only path. There are other nonimmigrant visas that are considered “dual intent” such as the O-1, L-1, and E visas. However, if you qualify for any of these, you might be better suited for an EB-1 or EB-2 green card, but that does not necessarily preclude you from the EB-3.
Can I file for an EB-2 and an EB-3 at the same time?
Yes. There is nothing restricting you from filing for several different green cards simultaneously. You can also file for the same green card through different employers. This way, if one petition is denied, the other may still be open to you. If both are approved, you can simply choose.
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 Schedul...
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 …
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”).