Are you eligible for an Eb3 visa?
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. The EB3 visa is a third preference employment visa. Thus, the requirements are less strict than EB1 and EB2 green card visas.
What is the EB2 visa?
The EB2 Visa, or Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence/Green Card (Second Preference), is for members of professions holding advanced degree or equivalent, or “exceptional ability” (expertise significantly above that ordinarily encountered) in sciences, medicine, arts, business, or athletics.
What are ebeb-2 and EB-3 green cards?
EB-2 and EB-3 are two types of “Employment-Based” green card categories. The United States Citizenship and Immigration Services (USCIS) grants these visas to foreign nationals depending on their degrees, professional skills, and country of origin. Before selecting the right one for you, it is best to consider the different options available.
What is the difference between EB2 and EB3?
For EB2, it is enough to remember that the section for EB2 ends in 2. For EB3, the section ends in 3, but one must remember that, if the Roman numeral (iii) appears, s/he is in other workers. And, as explained above, the answer as to the EB preference category is also contained in the requirements for the position.
Who is eligible for EB2 category?
EB-2: Employment-Based Immigration– Advanced Degree or Exceptional Ability. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability.
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.
Which is faster EB3 or EB2?
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.
How long is EB3 visa?
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.
Is EB-3 visa easy?
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 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.
Is it difficult to get EB3?
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.
Is EB2 a green card?
The EB2 Visa, or EB2 Green Card, is a second preference employment-based visa that allows for permanent resident status. It is available for foreign nationals who hold an advanced degree or equivalent. You must also prove your “exceptional ability”, meaning significant expertise in your field.
Should I choose EB2 or EB3?
Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas. EB2 visas make up 28.7% of approved employment-based visas.
Does EB3 visa expire?
When 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 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 ...
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 EB3 visa category?
The third preference visa category is EB3. This visa category is for professionals, skilled, or other workers.
What is EB3 unskilled visa?
EB-3 immigrant visas allow certain professional workers, skilled workers, and unskilled workers to obtain a U.S. green card or lawful permanent resident status.
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.
EB2 Visa Eligibility Criteria
Advanced Degree – position you are seeking must require an advanced degree, or its equivalent (a baccalaureate degree plus 5 years progressive expe...
EB-2 Labor Certification Process
Unlike the EB-1 visa, the EB-2 requires that the petition go through the PERM process. The PERM Labor Certification process is where the U.S. Depar...
Family of EB-2 Visa Holders
Spouse may be admitted through either E-21, and minor children via E-22. During the process of applying for permanent residency, the spouse may app...
Key Features of The EB3 Visa
The EB-3 has a lower threshold to meet, and is thus less scrutinized, but there is also a wait list for approval in many cases.Most EB-3 Permanent...
EB3 Visa Eligibility Criteria
Skilled Workers – Jobs that require at least 2 years job experience or training. Must demonstrate qualified workers are not available in the U.S.Pr...
EB3 Labor Certification Process
The EB-3 requires that the petition go through the PERM Labor Certification process.The PERM Labor Certification process is where the U.S. Departme...
EB3 Visa Application Process
The employer must file an I-140 with USCIS and establish that it has the ability to pay the offered position upon receipt of the visa, and that the...
Family of EB3 Visa Holders
Spouse may be admitted through either E34 (“skilled” worker) or EW4 (“other” worker). Minor children are admitted via E35 (“skilled”) or EW5 (“othe...
Trust Velie Law With Your EB3 Visa Application
If your EB3 Visa Application is important to you, here are four great reasons why you should speak to Velie Law Firm today.* Our approval rate disp...
What is an EB2 visa?
The EB2 Visa, or Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence/Green Card (Second Preference), is for members of professions holding advanced degree or equivalent, or “exceptional ability” (expertise significantly above that ordinarily encountered) in sciences, medicine, arts, business, or athletics.
Why is an EB-2 visa desirable?
The EB-2 is a desirable permanent / green card visa because approval takes much less time than EB-3. However, it is scrutinized more closely. That’s why it is even more critical you select an experienced immigration attorney.
What is E35 for children?
Minor children are admitted via E35 (“skilled”) or EW5 (“other” worker) During the process of applying for permanent residency, the spouse may apply for an Employment Authorization Document (EAD), which allows the spouse to freely work in the U.S.
What is the process for EB-3?
The EB-3 requires that the petition go through the PERM Labor Certification process. The PERM Labor Certification process is where the U.S. Department of Labor (DOL) requires the employer to “test the market” to prove there are no willing or qualified U.S. workers for the position.
What is the EB-2 process?
Department of Labor (DOL) requirement to “test the market” to prove there are no qualified U.S. workers for the position. The National Interest Waiver is an exception to this requirement.
Is there a wait list for EB-3?
The EB-3 has a lower threshold to meet, and is thus less scrutinized, but there is also a wait list for approval in many cases.
What is the difference between an EB2 and an EB3 visa?
The EB2 visa is the second preference employment visa and the EB3 visa is the third preference employment visa , this means that the requirements for the EB2 visa are more stringent. To qualify for an EB2 visa you must have advanced degrees, have exceptional ability or benefit a national interest, the applicant must demonstrate work experience, important awards or other evidence.
What are the EB2 vs EB3 visa requirements?
As mentioned above, the requirements for the EB2 visa and the EB3 visa have similarities and differences.
How many employees are required to be an EB employer?
This means that the main requirement is to have at least twelve (12) permanent workers or thirty (30) temporary contracts with periods between sixteen (16) and three (3) years. Likewise, you must submit your application to obtain the EB employer, which consists of an online form with questions related to the sponsor EB and his EB workers.
What is the difference between an EB-2 and an EB-3?
One important aspect to be aware of is that EB-2 and EB-3 follow different processing timelines. The preference category dictates the timing for other major steps in the permanent resident process such as initial filing for adjustment of status (I-485), the approval of the I-485 and the final grant of permanent resident status. Keep reading to the important similarities and differences between the EB-2 and EB-3 visa processes.
What is an EB-2 job?
From a broad perspective, EB-2 positions are generally reserved for jobs requiring advanced education and experience in science and business. EB-3 job positions include skilled workers and other professionals.
What is the EB category on an I-140?
The education and experience requirements of the job will decide the EB category during the I-140 stage. That is, the employer uses the PERM LC application to request the specific EB category in the I-140 petition. The PERM LC application requires the employer to describe the minimum education and experience requirements. In accordance with this, the applicant must be able to demonstrate they possess these requirements as of the date of filing. During the I-140 petition adjudication, USCIS will make their final decision if the case fits within the requested category. Learn more about form I-140 at:
What are the two types of employment based statuses?
Two widely sought after employment-based statuses are the EB-2 and EB-3 classifications. Although the two are very similar, there are significant differences that potential applicants should be aware of before making major decisions. One important aspect to be aware of is that EB-2 and EB-3 follow different processing timelines.
What is the I-140 form?
The USCIS Form I-140 receipt notice and approval notice will indicate the specific EB category. If the I-140 is classified as an EB-2, USCIS will issue receipt notice “Form I-797.” This normally has the following notation in the Notice Type box: “Mem of Profession w/Adv Deg, or of Exceptn’l Ability Sec. 203 (b) (2).” Once the petition is approved, this same information will be stated on the approval notice.
What is the difference between EB2 and EB3?
As many of our readers know, however, the difference between these two preference categories is significant – as well as the processing times, in most situations . The category impacts the timing of eligibility for filing an application to adjust status (I-485), one’ s eligibility for approval of the I-485, and ultimately, the resulting grant of permanent residence.
What is EB2 in USCIS?
Alternatively, EB2 qualification includes a position requiring a U.S. bachelor’s degree or its foreign equivalent and five years of progressive (i.e. post-baccalaureate) experience. For cases filed on this basis, these requirements must be met in order for the USCIS to assign the EB2 classification to the petition. Thus, if an individual knows the requirements for the position, as stated in the PERM LC, this will indicate the case category.
What is the I-140 form?
The USCIS receipt notice and approval notice for Form I-140 indicate the EB category of the case. If the I-140 is determined to be in the EB2 classification, then the USCIS issues a receipt notice (Form I-797), which usually has this notation in the Notice Type box: “Mem of Profession w/Adv Deg, or of Exceptn’l Ability Sec. 203 (b) (2).” The same information is stated on the approval notice once the petition is approved.
How to obtain I-140 from sponsor?
Sponsored workers who do not have access to the I-797 (receipt or approval notice) for their I-140s, may be able to obtain these by requesting copies of their A files under the Freedom of Information Act (FOIA). While the I-140 is the employer’s filing, depending upon the situation, a FOIA request may enable one to obtain copies of the I-140 filing and related notices and USCIS correspondence. Once a copy is in hand, the preference classification should be clear. Individuals for whom questions remain on this matter may contact the Murthy Law Firm for a consultation with one of our attorneys.
What is the EB2 classification?
The EB2 classification is for those positions offered to individuals who are members of the professions holding advanced degrees.
Is EB3 a subcategory?
In addition, EB3 has a subcategory of other workers. Although all three of these types are assigned to the EB3 classification, typically, those filed as EB3 other workers are subject to an even longer wait for their priority dates to become current.
Do you have to memorize EB2?
It is not necessary to memorize sections of law in order to decipher these notices. For EB2, it is enough to remember that the section for EB2 ends in 2. For EB3, the section ends in 3, but one must remember that, if the Roman numeral (iii) appears, s/he is in other workers.
The United States is looking for people like you, to make up for the labor shortage that affects some industries
Since 1990 the Immigration law in the United States has allowed US companies to sponsor foreigners who are willing and qualified to work in low demand positions, such as cleaning, construction, food and beverage services, among others.
It is an easy and fast process
In a time of approximately 12 to 18 months For Eb2 Eb3 , it will allow you to legally immigrate and live your American dream as a permanent resident
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.
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 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 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 does it mean to sponsor a beneficiary?
A US employer willing to sponsor the beneficiary must have extended a valid job offer to the foreign national. The US employer must be able to prove there are no American workers who could and would do the job. This is shown through the labor certification. The US employer must have a valid employer-employee relationship with the beneficiary. This means that the employer must be able to pay and supervise the beneficiary.
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 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 EB2 visa?
The EB2 visa is a powerful immigration option for people with exceptional ability or advanced degrees. Through the EB2 visa you can obtain a U.S. green card (permanent residence) based on having a job offer from a U.S. company.
How many EB2 visas are there in a year?
Approximately 40,000 EB2 visas will be given each year. Additionally, no more than 7% of EB2 visas can go to applicants from one country. This means that if you are a national of a country with many applicants, the wait to receive a visa will be longer.
What is the fastest visa to permanent residency?
The EB2 visa is the fastest path to permanent residency for many people. The processing times for the EB2 visa will be discussed later in Section 8: “How long does it take to get an EB2 visa ?”
How long does it take to get an EB2 visa?
You should usually receive your PERM labor certification response in around 6 months after filing. However, if you are subject to an audit, this process can be delayed by around a year. For this reason, it is important you take as many precautions as possible for your PERM labor certification to be successful.
Can my spouse work in the US with an E-21 visa?
Your spouse is eligible for E-21 status and your unmarried children under 21 are eligible for E-22 status. Your children are eligible to attend school and your spouse, after completing the Employment Authorization Documents, is eligible to work in the United States. 3. EB2 Visa Requirements.
Can I apply for an EB2 visa at a US consulate?
If your Form I-140 is approved by USCIS, you will receive Form I-797. This means that you are allowed to apply at a US consulate for an EB2 visa. You will receive an EB2 priority date. The exact date will depend on how many other people are also applying for an EB2 visa. Once your date arrives, you will schedule and go to an interview at a US consulate or if you are lawfully present inside the US, you will apply for an adjustment of status.