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Immilawyers.com
Gateway to the U.S.A.

Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A.

561-459-7207

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Eb-3 Visa Lawyers

Find out more

EB-3 Visa Green Card Option - Employment Based Immigration

The EB-3 visa is reserved for skilled workers, professionals, or other workers. Contact an immigration lawyer at our office which serves clients across the United States in all U.S.A. immigration matters. We have over 25 years of experience in immigration cases, including vast experience with EB-3 visa cases. 

 

1. EB-3 Skilled Workers Requirements


To qualify as a skilled worker for an EB-3 visa,  your position must    require more than 2 years of experience, and must be a  full-time    position. The position cannot be temporary or seasonal in nature.

  • You must provide evidence of at least  two years of training or work experience in your field
  • You must provide evidence that there are  no qualified workers for your position available in the United States
  • You must obtain Labor Certification and  a full-time job offer from a U.S. employer


2. EB-3 Professionals Requirements


To qualify as a professional for an Eb-3 visa your  position must    require a U.S. baccalaureate degree or its equivalent and be a  member    of the profession.

  • You must provide evidence that you have  earned a U.S. baccalaureate or its U.S. equivalent 
  • You must show that a baccalaureate is  required for your position
  • You must obtain Labor Certification and  a full-time job offer from a U.S. employer


3. EB-3 Visa Unskilled Workers (Other Workers) Requirements


To qualify in the “other workers” category for the  EB-3 visa, the    position should demand unskilled labor and should generally  demand less    than 2 years of training experience. The work must not be temporary   or   seasonal in nature. 

  • you must provide evidence that your  full-time position requires    less than 2 years of work experience and that U.S.  workers are not    available or qualified for the position in which you seek 
  • you must obtain Labor Certification and  a full-time job offer from a U.S employer 


EB-3 Visa Labor Certification & Application Process


EB-3 Visa petitions must be filed along with an  approved labor    certification document from the Department of Labor, on Form  ETA-9089. 


EB-3  Visa Application Process: 

  • The U.S. employer must file Form I-140,  Petition for Alien Worker along with ETA-9089 from the U.S. Department of Labor
  • The U.S. employer must have the ability  to pay the foreign    national. Evidence in the form of tax returns, audited  financial    statements, or pay stubs will suffice


EB-3 Visa FAQ


Can I bring my husband or wife and dependent children  to the United Sates while on an EB-3 visa?


Yes, your spouse and dependent children under 18  years of age may    enter the United States with you while you are on an EB-3 visa.  Your    spouse will be given E34 if you are a professional or skilled worker, or     your spouse will be given an EW4, if you are an unskilled worker.    Children of  skilled workers or professionals will be given E35 status,    while children of  unskilled workers will be given EW5 status. 


Can  my spouse obtain employment authorization while I am on an EB-3 visa?


When you apply for permanent residence (apply to  become a green card    holder), your wife will be able to obtain Employment  Authorization  by   filing an Employment Authorization Document (EAD). 


Can  my children attend school, college, or university while I am on an EB-3 visa?


Yes, your children may attend school, college,  university, or other    institute of higher learning while you are on an EB-3  visa. Children  of   EB-3 visa holders do not need to obtain separate student  visas. 


What  is the priority date for an EB-3 visa?


The priority date is the date in which the employer  filed the labor certification application with the Department of Labor. 


When can I apply for an EB-3 visa?


In order to find out when you can apply for the EB-3  visa, please visit the U.S. Department of State’s visa bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html.  The priority date “C” or “Current” indicates that green cards are available at  the time. 


What are the disadvantages of the EB-3 visa?


The main disadvantage of the EB-3 visa process is  the long wait time. In order to get around long wait times, many workers come  into    the United States on an H-1B or change to H-1B status until their EB-3     priority date becomes current. You may renew your H-1B visa as long as you  continue to meet the H-1B visa requirements. When your priority date becomes  current, you may change to EB-3 status and apply for a    green card. 


Can I apply for the EB-3 visa without an immigration attorney?


Yes, you may apply for an EB-3 visa without an  attorney, however, the EB-3 process is long and complicated. An attorney can  assist you with the filing of the petition and review all necessary  documentation.  Although the employer may file the petition on their own, an     experienced attorney will confirm whether or not the foreign national is qualified for the position based on the employer’s requirements.

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