EB-3 is one of many types of
employment-based visas that provide an opportunity to get your green card! It is available to anyone who is a professional worker, skilled worker, or other unskilled worker.
In order to qualify you must have a job offer from any U.S. company stating they want you to work for them due to the lack of availability of workers in the United States. In this case, your employer must file a Labor Certification with the Department Of Labor. If you are a nurse, or physical therapist, then your employer does not need a Labor Certification due to the lack of workers in this specific occupation, making this the ideal visa for you. If you have two years of experience or training as a skilled worker working full time and fall within the following categories for immigration purposes, then the EB-3 immigration visa is the perfect fit for you.
Professionals must have a U.S. baccalaureate degree or foreign equivalent degree relating to the profession he/she would like to partake in for entry into the occupation. Having a bachelor’s degree is not enough; the job must also require a bachelor’s degree to qualify. Experience and education cannot be substituted for the degrees required. You must be performing work for which qualified workers are not available in the United States.
Skilled workers must be able to show proof of having a job experience and/or training for a minimum of 2 years. The training requirement may also be met through post-secondary education. These positions must be permanent, and not temporary or seasonal. You must also be performing work for which qualified workers are not available in the United States.
Unskilled Workers (Other Workers)
Unskilled workers require less than 2 years of experience, training or higher education. These positions must be permanent, and not temporary or seasonal. You must be able to show proof at the time the petition is filed, of performing unskilled labor, for which qualified workers are not available in the United States. However, a Labor Certification is difficult to get under this category due to a limit of 10,000 visas per year and may even wait years before being granted this visa.
Your employer, also known as your petitioner, must file a Labor Certification for the employee. Once this is complete then the employer will file a Form I-140, which is a Petition for Alien Worker. As soon as the petition is filed, then he/she must be able to show proof of ability to pay the offered wage by your visa priority date. Documents permitted to show proof of his/her ability to pay your wage include federal income tax return, annual report, or an audited financial statement. This form has a fee of $580 and can be found at www.uscis.gov/forms along with instructions on how to complete it. Finally, you will receive approval for green card and will be issued to the employee.
The U.S. Department of Labor requires a Labor Certification for U.S. employers seeking to employ workers whose immigration to the United States is based on work preferences. It is meant for those who are non-citizens and are wanted to work by U.S. companies, for which qualified workers are unavailable in the United States. This certification is called a PERM (Program Electronic Review Management), which can be found https://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf.
EB-3 Visa Family Members
You are permitted to bring your family to the United States in correspondence with the EB-3 visa. Your spouse will be admitted to the U.S. in E34 visa, which qualifies for the spouse of a “skilled worker” or “professional worker.” If you are a spouse of an “Unskilled Worker,” then you are admitted in EW4 visa. If you and your spouse are applying for permanent resident status as a green card holder, then your spouse is eligible to file for an Employment Authorization Document (EAD). Children under the age of 21 are admitted with an E35 visa, which qualifies as a child of a “skilled worker” or “professional.” For those that are children of “unskilled workers,” are admitted as EW5.
A petition for an EB-3 Visa is hard, detailed, and may be costly if done by inexperienced individuals. Be sure to contact an immigration lawyer for this matter.
For more information on how to apply today give us a call at 305-371-8846 or visit us at 1110 Brickell Avenue, Suite 315.