What Should I Know About the EB-3 Visa?

immigration law

The United States holds great appeal to foreign nationals as it’s long been considered a hub for better career opportunities. The country’s diverse industries offer a wealth of prospects for skilled professionals. If you’re looking to work in the U.S., it’s in your best interest to speak with a competent Middlesex County, New Jersey, Business Immigration Lawyer who can help you explore your employment-based immigrant visa options. Please continue reading to learn whether you qualify for the EB-3 visa. 

What is an EB-3 Visa?

Firstly, it’s crucial to understand that five employment-based visas/green cards provide foreign nationals with permanent residency in the U.S. The EB-3 visa is a third preference EB green card that allows U.S. employers to sponsor foreign nationals in jobs experiencing chronic labor shortages. As such, the eligibility requirements are less stringent than those for the EB-1 and EB-2 preferences. However, the wait times are usually much longer, but you are scrutinized less closely, meaning there are higher chances to qualify for an EB-3 visa.

Essentially, this category is reserved for skilled workers, professionals, and other workers who possess the necessary qualifications and seek employment in the U.S. The three routes require the following qualifications:

  • Skilled Worker: Must possess at least two years of relevant employment experience or training. In addition, a labor certification is required to prove that no qualified workers are already available in the U.S. to fill the position.
  • Professionals: Must possess a bachelor’s degree or its foreign equivalent. You must also hold a job offer from a U.S. employer that requires a bachelor’s degree or higher.
  • Other Workers: Must be capable of performing unskilled labor that requires less than two years of training or experience. You must also hold a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers.

How to Apply?

Before applying for the EB-3 visa, the U.S. employer intending to hire you must obtain a FERM labor certification from the U.S. Department of Labor (DOL). The labor certification demonstrates that no qualified U.S. workers are available for the job you’re being offered. After the labor certification is approved, the sponsoring employer can file Form I-140 with the United States Citizenship and Immigration Services (USCIS) on your behalf.

Once USCIS approves the petition, you can proceed with the visa application process. If you’re applying from outside the country, you must apply for an immigrant visa at a U.S. consulate or embassy in your home country. If you’re already in the U.S., you can file Form I-485 to adjust your status to that of a permanent resident.

If you believe you qualify for an EB-3 visa, please don’t hesitate to contact a knowledgeable lawyer from the Law Offices of Aditya Surti, LLC, who can help guide you through the complex process ahead.

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