how to get eb-3 visa

• 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. ...

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 hard is it to get an EB-3 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.

Who qualifies for EB-3 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 long does it take to get an EB-3?

There 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 much does an EB-3 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 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 long is EB3 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 work while waiting for EB3?

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. EAD is valid for both full and part-time work.

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 ...

Can EB-3 apply for citizenship?

EB3 Green Card Notes U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S. U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

How many EB visas are issued each year?

The annual limit for employment-based visa use in FY 2021 was 262,288, nearly double the typical annual total. The Department of State (DOS) publishes the official figures for visa use in their Report of the Visa Office. Overall, the two agencies combined to use 195,507 employment-based immigrant visas in FY 2021.

What is ew3 visa?

These Employment Sponsored Visas allow foreign workers who have found an employer willing to hire them to come to the US permanently and work without an Employment Authorization Document (EAD). The Employment Sponsored Visas are subject to a cap of 140,000 visas per year.

How long does it take for a nurse to get a green card?

Typically for these nurses, the process is much easier. He or she will receive work authorization (much more quickly than through consular processing) within approximately 90 - 120 days of filing the Petition for Alien Worker and Adjustment of Status application.

Can I work while waiting for green card?

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.

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.

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.

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.

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 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 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.

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 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.

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 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 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.

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 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.

How long does it take to get an EB-3 visa?

It takes twelve (12) to eighteen (18) months to get an EB-3 visa.

Who does an employer have to file an I-140?

The U.S. employer has to file an I-140 Form with the United States Citizenship and Immigration Services (USCIS).

Do employers have to show USCIS they have funds to pay foreign workers?

Finally, the U.S. employer has to show the USCIS that they have the funds to pay the foreign worker. As proof, the employer typically produces tax returns.

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