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Understanding the EB3 Visa USA
The EB3 visa is a type of employment-based visa that allows foreign workers to come to the United States for employment purposes. This visa category is specifically designed for skilled workers, professionals, and other workers who do not fall under the EB1 or EB2 visa categories. Understanding the EB3 visa process is important for both employers and foreign workers who are interested in pursuing employment opportunities in the United States.
The EB3 visa, also known as the Third Priority Worker visa, permits three categories of workers to permanently relocate and work in the United States. These worker groups include:
- Skilled workers: Individuals with a minimum of 2 years of work experience or training.
- Professionals: Individuals who can demonstrate possession of an advanced educational degree or its equivalent, such as a Bachelor’s Degree.
- Unskilled workers: Individuals with less than 2 years of work experience or training. These workers are eligible for the EW-3 visa, as detailed in the article.
The EB3 visa has an annual cap on the number of visas granted. Of the total 140,000 immigrant visas given out for employment purposes, 28.6% or approximately 40,040 visas are set aside for the EB3. Once this limit is hit for the year, the remaining applications are deferred to the following year.
What are the Advantages of the EB3 Visa?
The EB3 visa allows overseas employees to relocate to the US, reside there indefinitely, and work without needing an Employment Authorization Document (EAD). After several years in the same role, they have the flexibility to change employers and job roles. They receive the Green Card and are obligated to pay all relevant taxes. They also have the freedom to travel domestically and internationally and to reside in a different US state from the one they initially settled in. Book Free Consultation >
Eligibility Requirements for the EB3 Visa
Skilled Workers
- Should possess a minimum of 2 years of professional experience or training.
- The job offered in the United States must require a minimum of 2 years of training or experience
- The employer must demonstrate that there are no qualified U.S. workers available for the position
Professionals
- Must have a U.S. bachelor’s degree or foreign equivalent degree
- The job offered in the United States must require a bachelor’s degree or higher in a specific field
- The employer must demonstrate that there are no qualified U.S. workers available for the position
Other Workers
- Should be able to carry out unskilled work that necessitates less than two years of training or experience.
- The job offered in the United States must require less than 2 years of training or experience
- The employer must demonstrate that there are no qualified U.S. workers available for the position
The Application Process for the EB3 Visa
Workforce Authorization
- The employer is required to secure workforce authorization from the U.S. Department of Labor.
- This certification verifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers
Form I-140
- After the labor certification gets the green light, the employer is required to submit Form I-140, Immigrant Request for Foreign Employee, to the U.S. Citizenship and Immigration Services (USCIS)
- This document confirms that the employer has a job proposition for the overseas employee and that the employee fulfills the qualification criteria for the EB3 visa class.
Visa Application
- After the Form I-140 is approved, the foreign worker can proceed with the visa application process
- This includes completing Form DS-260, Immigrant Visa and Alien Registration Application, and attending an interview at the U.S. embassy or consulate in their home country
- Check the Visa Bulletin and EB news
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Conclusion
Understanding the EB3 visa process is crucial for both employers and foreign workers who are interested in pursuing employment opportunities in the United States. By meeting the eligibility requirements and following the application process, foreign workers can have the opportunity to work and live in the United States, while employers can benefit from hiring skilled workers from abroad. Book Free Consultation >
HOW WE HELP CLIENTS
Global Immigration Partners PLLC is a specialized immigration law firm. A substantial part of our practice focuses on assisting business owners and investors with E1, E2, L1 and EB-5 visas.Through our international presence we have specialist knowledge of the specific procedures in multiple embassies and consulates around-the-world.
Reference Links:
USCIS
India EB-3 Retrogression
EB3 Visa
Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. Senior immigration expert with 15+ years in business and investor visas.
