E3 Visa
E3 Visa

Who is Eligible for the EB3 Visa?

In 2017, a report by The National Academies of Sciences revealed that immigration has a positive impact on the economic growth of the United States. According to the report, first generation immigrants generated $1,600 per head annually, while second generation immigrants generated $1,700 per head annually, says an article by PBS News Hour. Immigrants play a strong role in the labor force and make significant contributions to all sectors of the economy.

To be able to become such an immigrant, you can apply for the EB3 visa.

Who Can Get the EB3 Visa

The EB3 visa is a third preference green card for all those who are skilled, professionals or other workers. Skilled workers require 2 years of training or work experience to be eligible for jobs in the US. Professionals, on other hand, require a US baccalaureate degree or an equivalent. For this category, your experience cannot be counted as a substitute for the degree.

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Related: What is EB3 Visa

Lastly, the unskilled or other worker category is for all those who have less than 2 years of training in their respective field.

Apart from these, all those who wish to obtain an EB3 visa must demonstrate that they will be performing jobs for which there are no skilled workers available in the US.

How to Apply for the EB3 Visa

Your employer needs to obtain a PERM for you, which will prove that there are no efficient or available workers for the specific position. Once this is done, your employer will need to submit Form I-140  for alien workers. They also should be able to demonstrate the ability to pay the offered wages. To prove this, your employer can use annual reports, federal income tax returns or audited financial statements to show financial capability.

After the petition is filed, you will need to wait till your “priority date” becomes a “current date.” When the date is current, an immigrant visa number becomes available and you can apply for a status change from non-immigrant to immigrant if you are already in US. If not, you will need to fill the DS-260 Online Immigrant Visa Application and attend the interview process.

Labor Certification Process – What is it?

It is mandatory for the EB3 petition to go through the PERM Labor Certification process. Here, the US Department of Labor requires the employer to check the market to prove that there are no qualified or willing workers for the position. This process also involves a Prevailing Wage Determination, which requires posting the job opening with the State Workforce Agency, as well as putting up job advertisements at worksites, on the company’s website and popular newspapers on Sundays.

Lastly, it also requires three other recruitment processes to be completed. The employer must conduct and record all actions taken during this process, under the advice and guidance of an experienced immigration attorney. For Schedule A, Group 1 cases, labor certification is not required and the petition can be submitted directly to the USCIS.

If you tick off all the requirements for an EB3 Visa, you can start the application process online to obtain the green card.

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Blogger, Entrepreneur, Mentor. Having lived in the US and the Middle East for about a decade, and gone through immigration many times, I have a lot to share. Add me on Facebook or contact me on WhatsApp +0014084894785

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