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who can apply for eb3 visa

by Germaine Trantow Published 3 years ago Updated 2 years ago
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The EB3 visa grants permanent residency (a green card) to qualified individuals. 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.

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.

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Who can qualify 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.

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.

What are the chances of getting EB3 visa?

The EB3 visa makes up 28.6 percent of the employment-based green cards available for overseas workers. Around 40,000 of these visas are available every year. Furthermore, no more than 7% of all EB3 visas can be granted to citizens of any one country.

Who comes under EB3?

The EB3 visa is the third-preference employment visa. This visa is open to professionals, skilled workers, and unskilled workers. Professionals are people with bachelor's degrees or higher (or the foreign equivalent). Skilled workers are people with 2 or more years of relevant work experience.

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.

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 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.

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 do I get a US 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.

Can I get EB3 without h1b?

To qualify for an EB-3, you must either have a bachelor's degree and a job offer or a non-seasonal full-time job offer. The H-1B requires that you have both at least a bachelor's degree and a job offer for a position that requires your degree.

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.

Which is better EB2 or EB-3?

The significant difference between EB2 and EB3 visas is that the EB2 category requires the candidate have an advanced degree for the positions of science and business. On the other hand, the EB3 category has job positions for unskilled workers, skilled workers, or professionals.

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

How do I find my employer for EB-3 visa?

One common way to find employers who will sponsor me for the EB-3 Visa Green Card is to go to large job databases, such as Jooble, Indeed or ZipRecruiter and enter “Visa Sponsorship Offered“.This will filter the result to only show jobs that have “Visa Sponsorship Offered” in the description.More items...

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:

Who is Eligible for the EB3 visa?

In order to qualify for the EB3 visa, a foreign worker must prove the following:

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.

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.

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.

Can an unmarried child get an EW5 visa?

A legal spouse will have access to the E34 or EW4 visa, whereas an unmarried child under 21 years old will usually come under the E35 or EW5 visa. E34 and E35 are visas for skilled workers, and the EW4 and EW5 visas are for the “other” worker categories.

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.

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.

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 is EB-3 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:

Does EB3 require a language test?

The EB3 program does not require any work experience, language test or net worth value. Through this program, you will arrive in the US with a permanent, full-time job and permanent residency for you and your family. You will also be able to include your spouse and unmarried children below the age of 21 in your application. They will then be able to work and study in the US as Green Card holders. It also takes around one year and a half to process, which is a shorter period compared to most immigration programs.

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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 Schedule A, Group I, read our poli…
See more on uscis.gov

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 …
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”).
See more on uscis.gov

Meaning of EB3 Visa

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EB3 Visa is an employment-based Immigrant visa that allows foreign workers who have found an employer willing to hire them to come to the US permanently and work without an Employment Authorization Document. Moreover, the EB3 Visa is a Third Priority Worker visa available for skilled workers, professionals who hold a b…
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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...
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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…
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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.
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