USA EB3 Visa

Migrate to USA through EB-3 Visa

EB-3 immigrant visas allow certain professional workers, skilled workers, and unskilled workers to obtain a U.S. green card or lawful permanent resident status. The “EB” in the EB-3 visa stands for “employment-based.” Various types of EB visas allow a person to get a U.S. green card based on their work skills or a job offer from a U.S. employer.

The “3” in EB-3 refers to the fact that this is the “3rd preference” category of EB visas. Only a limited number of visas are available in each preference category, meaning that if more people apply in a year than there are visas available, recent applicants will have to be put on a waiting list based on “priority date.” This is a common problem for EB-3 visa applicants.

EB-3 visas require that you have an offer of permanent, full-time employment from a U.S.-based employer. That employer must be willing to complete a labor certification and application process for you. Labor certification means that the employer recruits for and advertises the position in accordance with U.S. immigration law guidelines and finds no qualified U.S. workers who are willing and available to take the job.

Can I Bring My Family Along If I Get an EB-3 Visa?

The EB visa allows your spouse and children to accompany you and obtain U.S. green cards. The children must remain unmarried and under the age of 21 (with certain exceptions based on the Child Status Protection Act) until the day they are approved for permanent resident status or enter the U.S. with the EB-3 visa.

EB-3 Visa Subcategories

Here is a further explanation of the three different types of workers who may qualify for an EB-3 visa:

• A professional worker is one who possesses a U.S. baccalaureate degree or foreign degree equivalent, and the baccalaureate degree is the normal requirement for entry into the occupation.
• A skilled worker is one who has at least two years of job experience or training.
• An unskilled worker is one capable of performing unskilled labor (requiring less than two years’ training or experience) that is not of a temporary or seasonal nature.

 We at Immigration Experts are dealing with the “unskilled worker” visa category at the moment.

Overview of EB-3 Visa Application Procedure

The main steps involved in getting an EB-3 visa are:

• You find an employer interested in hiring you and willing to petition for you.
• Your employer finds out whether the salary or wages it plans to pay you are on par with the local job market, by submitting a prevailing wage request (PWR) to the Department of Labor (DOL) on Form 9141. The DOL will respond with a salary or wage amount called a prevailing wage determination or PWD.
• Your employer advertises for the job, recruits potential candidates, holds interviews and determines that no U.S. workers are qualified, willing, and available. The PWD must be valid when the employer starts the recruitment or submits the labor certification application.
• Your employer (with your help) completes a request for labor certification and sends it to DOL. Hopefully, DOL will respond positively, in essence confirming that no U.S. workers were available for the job and that you and your employer can go ahead with the process of getting you a green card.
• Your employer submits a petition on your behalf (Form I-140) to U.S. Citizenship and Immigration Services (USCIS). After the petition is approved, you probably wait until a visa is available, based on the date the petition was filed (your priority date), which you track by following the progress shown in the Department of State’s Visa Bulletin.
• When your priority date becomes current, you submit your own application for a visa (if coming from overseas) or a green card (if you’re legally in the U.S. and eligible to adjust status).
• You attend an interview at a U.S. consulate or local USCIS office where your green card may be approved.

Completing all these steps can take several years.

You Might Need Legal Assistance

You can contact us at 0308-5857777 / 0306-5857777 for case processing and further discussion.

We at Immigration Experts are here to help you,

If you’re reading this and thinking, “This process sounds complicated,” you’re right. We didn’t even have space here to discuss the various documents that you and your employer will need to come up with in order to persuade the DOL and immigration authorities that you should be granted a green card.

In order to successfully complete the application process, including labor certification, it is best to consult an experienced immigration attorney. Hopefully, your employer will hire one for you or, if it’s a large enough company, already have an immigration lawyer on staff.

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Thanks and Regards.

Mohsin Ali
Business Development Manager