EB3 Visa
Many people who want to immigrate to the United States do so with a work visa. One of the options is an EB3 visa, which is a third-preference visa. You could be eligible for an EB3 visa if you are a skilled worker, professional, or other worker.
Under the law, ‘skilled workers’ are those whose occupations require at least two years of experience or training and are not temporary or seasonal jobs. A skilled worker has to have the education, training, or experience that the job requires. Post-secondary education that is relevant also can be considered training.
‘Professionals’ means those whose job requires them to have at least a bachelor’s degree or a foreign equivalent. ‘Other workers’ means those who do unskilled labor that requires under two years training or experience and is not seasonal or temporary work.
Every year, the US government allocates about 40,000 visas, and when this number is reached, those who have applied are put on a waiting list for another year.
If you receive an EB3 visa, your close relatives also may be able to join you in the United States. If you are a skilled worker or professional, your spouse may apply for an E-34 visa, and eligible unmarried children can apply for an E-35 visa. Your eligible spouse also can apply for a work authorization so they can be employed in the US.
How to Apply for An EB3 Visa
Your employer, who is your petitioner, has to file Form I-140, Immigrant Petition for Alien Workers. As part of your application, the employer has to show they have a continuing ability to pay your wages. Your company can rely on a yearly report, income tax return, or financial statement to show they have a continuing ability to pay you an appropriate wage.
What Is the PERM LABOR Certification Process?
If you want to get a work visa and eventually get a green card, you need to have a PERM Labor Certification from the Department of Labor. US-based companies that want to hire foreign workers cannot do it directly. They have to show there are not enough workers in the US who can take the job.
For approval, the PERM certification also must meet a Prevailing Wage Determination. So, your job sponsor has to show that the vacancy was advertised in local publications and any relevant agencies. The Department of Labor also can ask to see a record of the company’s recruitment process that was done to fill the job.
Documents Needed to Apply For An EB3 Visa
There are several documents you will need to turn into the US embassy or consulate to receive an EB3 visa. The list below is a general one, and the documents you need to submit could vary somewhat. It is recommended to keep a record of every document you submit for your visa and you should keep that list for up to three years. You could need to submit the documents if you are audited. The potential documents to submit include:
- Photographs
- Valid passport for you, spouse, and dependents
- Written contract between you and your employer
- Vaccination and medical records
- Academic records
- Earlier work experience records
- Any criminal history
- Any awards or honors you received in your home country
It can take various lengths of time to process your visa request, depending on the embassy or consulate used, the country you are from, and factors in your application. Some applicants wait about a year, but others may have to wait longer. It is common for people from China and India to wait longer than others.
If you have questions about whether an EB3 visa is right for your situation, speak to a qualified immigration attorney today.