If you're considering applying for the EB-3 visa, this text is for you!
EB-3, or Employment-Based Third Preference, is an immigration visa that relies on a job offer from a U.S. employer.
It's common to have questions before starting any immigration process, so I've outlined the 3 most frequent questions we receive in our office regarding this visa category.
How does the application process for EB-3 work?
It's important to clarify that in the case of EB-3, the employer files the visa petition.
Firstly, this employer must obtain a labor certification from the U.S. Department of Labor. To do this, they need to demonstrate that there are no qualified U.S. citizens for that particular position and prove that the offered position meets specific local labor market requirements.
After obtaining the labor certification, the employer files the Form I-140 petition with USCIS, the agency that reviews and confirms the worker's eligibility for the EB-3 category.
This form requires a series of documents, including evidence of the candidate's professional qualifications and a valid job offer.
Once the petition is approved, the worker can wait for the availability of an EB-3 immigrant visa.
What are the differences between the EB-3 subcategories?
There are 3 subcategories:
Skilled workers: workers who possess specific skills and experience in a particular field. Candidates must demonstrate at least two years of relevant work experience or formal training that is equivalent. Examples of occupations in this category can range from electricians to nurses and computer programmers;
Professionals with a university degree: professionals who have at least a bachelor's degree or equivalent and whose position in the U.S. requires such level of education. Examples of occupations in this category may include engineers, teachers, and accountants;
Other unskilled workers: workers who perform jobs that require physical or practical skills but do not require formal education or significant experience. Examples of occupations in this category may include agricultural workers, kitchen helpers, and cleaners.
How long does it take to process the EB-3 visa?
The time can vary and depends on several factors, such as the number of applications, the chosen sub-category, and the processing capacity of the involved government agencies.
Currently, the process takes about 3 years, but it may exceed this period.
It's important to understand that there is a limit of available visas each year, and since demand exceeds supply, it may be necessary to wait until a visa is available. When this happens, the candidate can apply for adjustment of status if already in the U.S., or for an immigrant visa if outside the country.
EB-3 is an excellent way to secure your permanent residence in the U.S., allowing you and your family to live and work legally in one of the world's most stable countries.
Once you have the job offer, it's best to discuss with your employer to initiate the process as soon as possible.
And if you have any questions or need assistance, you can rely on the support of the Murtaz Law team by clicking on this link and sending us a message. We're here to help you!
About Murtaz Law
With more than a decade of experience, we take pride in guiding families and individuals on their journey to legally immigrate to the USA, whether temporarily or permanently.
Our success story spans a variety of cases, including temporary immigration, family reunification, naturalization, and especially, work visas like the EB2-NIW, which leads to the Green Card. Over the years, we have built a solid reputation and become a reference for skilled professionals, artists, and elite athletes who wish to expand their careers or undertake ventures in the USA.
Our 99.5% approval rate in cases demonstrates our commitment to a personalized approach, combining ethics, creativity, and deep knowledge of the laws and economic issues. We recognize that each client has a unique story and work side by side, individually, to create tailored strategies that achieve the desired outcomes. We take the importance of our work in our clients' lives seriously. Your future deserves a unique strategy, and we at Murtaz Law have the experience and expertise to meet your immigration needs.
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