The EB-3 visa is a third preference employment based visa that allows a citizen of a foreign country together with their spouses and children to permanently live and work in the United States.
You are eligible for an EB-3 visa if you are a skilled worker, unskilled worker or professional. All applicants in the EB-3 visa category require an approved PERM application. If the PERM is approved, the EB-3 visa applicant can apply for permanent residence in the United States commonly known as green card.
EB-3 visa is generally not available to foreign nationals who are self-employed or have an ownership interest in their employer’s business. EB-3 visa is also not available to foreign nationals who are employed part time by a US employer or to those who are contract workers.
A foreign national can apply for an EB-3 Visa if he or she falls under one of the following occupational category:
(1) skilled worker with at least 2 years of job experience, education or training for positions for which qualified workers are not available in the United States,
(2) professional who possesses a U.S. bachelor’s degree or foreign equivalent, is a member of the professions for which qualified workers are not available in the United States and a U.S. bachelor’s degree or foreign equivalent is the normal requirement for entry into the occupation, or
(3) unskilled workers and other workers performing unskilled labor requiring less than 2 years of training or experience and the work is not of a temporary or seasonal nature.
The EB-3 visa sets a lower standard than other employment based green cards such as the EB-1 or EB-2 visas and as a result they are less scrutinized. However, the EB-3 visa application process is complex and requires an approved individual PERM labor certification from the U.S. Department of Labor (DOL) and a permanent full-time job offer from an employer in the United States.
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EB-3 Visa Process
In order to successfully apply and receive the EB-3 visa, the employer and foreign national must complete the EB-3 Visa PERM process. The EB-3 visa PERM is a 3-step process:
- Sponsoring US employer files the Permanent Labor Certification application with the DOL
- Employer files I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS) on behalf of foreign employee
- Employee files for Adjustment of Status in the United States or EB-3 visa at a U.S. consulate abroad
The Permanent Labor Certification is an extensive procedure that requires for the sponsoring employer to certify that a job opening is available in a specified field and the job is available to U.S. workers, determine the prevailing wage at industry rate for the sponsored position in the geographical area where the job is available and go through an extensive recruitment process for the sponsored job to ensure that no qualified American workers are available to take the position.
The recruitment process is essential for the approval of the PERM Labor Certification and going through it the right way is key because any suspicion can trigger an audit from the DOL which can delay the processing time. Even more, there are situations where the PERM Labor Certification is not approved or denied and the DOL sends out a Request for Evidence.
Second, after the PERM Labor Certification is approved, the sponsoring employer must file the I-140 petition with USCIS. As part of the application process, the sponsoring employer must show that it has the ability to pay the offered wage as of the date the EB-3 visa becomes current. To show the ability to pay, the sponsoring employer can use an annual report or federal income tax return, or audited financial statements.
Finally, as soon as the EB-3 visa date becomes current, the foreign national can file the petition for Adjustment of Status with USCIS or use consular processing to apply for EB-3 visa at a US Consulate or Embassy abroad.
Obtaining the EB-3 visa is not simple or easy and requires substantial documentation. Contact us, your experienced business immigration lawyers and EB-3 visa lawyers in Miami, Florida USA to schedule an appointment for your immigration case and find out more about the EB-3 visa program and other visa options available to you.
Malescu Law P.A. – Business & Immigration Lawyers