EB3 Visa | EB3 Visa Lawyer
The EB-3 visa is a third preference employment based green card 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.
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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.
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.
Types of EB-3 Visa
You can apply for an EB-3 Visa if you fall 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 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.
EB3 Visa Eligibility
The EB3 visa is for jobs that require less than an advanced degree or a bachelor’s degree plus 5 years of experience.
The EB3 visa is for US employers that need to fill in positions that require no degree or education or training or require some education or training or a bachelor’s degree. The EB-3 visa is suitable for any positions ranging from software engineers, financial analysts and others requiring a bachelor’s degree to truck drivers, housekeepers, landscapers, general laborers and other positions that do not require a degree, or experience or training.
This means that any foreign employee with or without a bachelor’s degree can apply for EB3 if they have a job offer from a US employer and meet the job requirements. The job requirements for the position depend on whether the sponsored position for EB3 visa is for a professional, skilled or unskilled worker.
EB-3 Visa Process
In order to successfully get an EB-3 visa, the employer must complete the EB-3 Visa PERM process.
The EB-3 visa step by step process:
- Employer files PERM Labor Certification application with the DOL
- Employer files I-140 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
1. EB3 Visa PERM Labor Certification
The PERM 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 DOL sends out Requests for Evidence for the PERM Labor Certification. Our EB3 visa lawyers reminds employers that the EB3 visa PERM process is a test the minimally qualified candidate, not the ideal candidate.
2. File Form I-140 with USCIS
After the PERM Labor Certification is approved, the next step in the EB3 visa process is for the sponsoring employer to file the I-140 petition with USCIS. Premium processing is available for form I-140 for EB-3 visa category meaning that for an additional fee USCIS can issue an expedited decision within 15 calendar days.
As part of the application process, the sponsoring employer must show that it has the ability to pay the offered wage. To show the ability to pay the salary offered, the sponsoring employer can use an annual report or IRS federal income tax return, or audited financial statements. If your company does not have these financial documents, contact our EB3 visa lawyer to assist you with proving the ability to pay the wage offered.
At the I-140 stage, the foreign national is also expected to produce evidence to prove that they have the education and experience required by the position and listed on the approved PERM labor certification.
3. File for Adjustment of Status or Consular Processing
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. Filing for adjustment of status or consular processing is the last step in obtaining the EB3 visa.
For this final step the foreign employee can file for adjustment of status with USCIS if the individual is in the United States in a valid status or by consular processing at a U.S. consulate or embassy abroad.
EB3 Visa Requirements
- Skilled: 2 years of experience, training or education (sometimes relevant post-secondary education)
- Professional: Bachelor’s degree or foreign equivalent (education and experience cannot be substituted for Bachelor’s degree)
- Unskilled: Less than 2 years of training or experience for the job (excludes jobs of a temporary or seasonal nature)
- Full-time job offer from US employer
- Approved PERM labor certification for US employer
EB3 Visa Recruitment
At the EB3 visa recruitment stage the employer must assess applicants in order to determine whether any are able, willing, qualified, and available U.S. workers. Initially, the employer can review the resumes of the applicants to identify those who have the minimum required education and qualifying experience. The employer must interview candidates who appear to be qualified.
During the interview, the employer must find out if the applicant meets the minimum education and experience requirements and is otherwise willing, able, and available to accept the position as offered. At the end of the recruitment, the employer signs a recruitment report.
EB3 Visa Processing Time
The overall EB3 Visa Processing Time is 14 to 18 months.
The breakdown of the EB3 visa processing time for each step is:
- Prevailing Wage Determination: 5 to 6 months
- EB3 Recruitment Steps: 1 to 3 months
- Labor Certification ETA Form 9089: 8 to 9 months
- If DOL audit: 8 to 9 months
Our EB3 Visa Lawyer can assist
Being able to bring employees on EB-3 visa to work in the United States permanently can give a competitive advantage to a US company, and especially for companies that are experiencing acute labor shortages. However, sponsoring foreign employees an EB-3 visa is not simple as there are many pitfalls and the EB3 visa process requires substantial upfront planning.
Contact us, your experienced business immigration 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. Contact our EB-3 visa lawyers in Miami, Florida USA.
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