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EB-3 Visa

Are you applying for and EB-3 work Visa? Contact the Shoreline Immigration office to speak with an attorney about applying for an EB-3 Visa today!

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What is An EB-3 Visa?

An EB-3 is an employment-based permanent residency visa category. This means that an approved applicant will get permanent residency, or green card, with this visa. As a third preference visa category, requirements may be less strict but time frames and associated backlogs can, therefore be more significant. An employer sponsor is required for this visa. There is no self-petition option for this visa category.

Who Qualifies For An EB-3 Visa?

The EB-3 visa qualification sub-categories are: 

  • EB-3A – Professionals – Individuals with at least a US bachelor’s degree or an equivalent degree.
  • EB-3B – Skilled Workers – Individuals who can demonstrate 2 years of job experience or training and who meet specific educational, training and experience requirements of the intended job.
  • EB-3C – Other Workers – Individuals able to perform unskilled labor that is not temporary or seasonal. 

Each visa category must also include:

  • An approved, individual labor certification,
  • A job offer for full-time, permanent work,
  • Evidence demonstrating that there are no qualified US workers for the intended job.

There are annual quotas for the EB-3 and the current backlog for the visa category can result in significant wait times.

EB-3 Visa Worker Catagories

Professionals

To qualify as a “professional” for the purposes of an EB-3A application, the applicant must have at least a US bachelor’s degree or foreign equivalent, and a bachelor’s is the normal per-requisite for the intended position. Experience/education cannot be substituted for the bachelor’s degree. There must not be qualified US workers available for the position. All other labor certification requirements for the position must also be met.

Skilled Workers

To qualify as a “skilled worker” for the purposes of an EB-3B application, the applicant must show at least 2 years of experience, education, or training as specified by the labor certification. There must not be qualified US workers available for the intended position. It is important to note that associated post-secondary education can be considered training. 

Other Workers

To qualify as an “other worker” for the purposes of an EB-3C application, the applicant must show that they can perform unskilled labor that is not temporary or seasonal. Unskilled labor is defined as work requiring less than 2 years of training or experience. There must not be qualified US workers available for the intended work. Additional labor certification specific requirements must also be met.

EB-3 Visa Forms

The application process for an EB-3 visa requires an employer to file a PERM Labor Certification with the US Department of Labor. This process requires that the employer establish several factors about the job opening for the foreign applicant, including recruitment, and prevailing wage determination. During this process, the employer will show that a US national is not available to fill the intended position. Once a PERM form is issued then the employer will next have to submit Form I-140, Immigrant Petition for Alien Workers. This part of the application process is when the employer demonstrates that the applicant meets the requirements for the position and that the employer has the means to pay the requisite prevailing wage. The prevailing wage must be paid to the applicant until the applicant receives permanent residency status. Applicable filing fees and relevant evidence must also be submitted. 

Once the form is submitted, the beneficiary will receive a receipt notification. The beneficiary will also receive their EB-3 priority date. The beneficiary/applicant will have to wait for their priority date to become current. This means they must wait until the date when a visa is available for them. Because there is a limited number of visas per year for each preference category, if there are more applicants than available visas for that year, applicants are put on a waiting list. This backlog can make processing times significant.

The next step in the process is dependent on where an applicant is located, whether they are in the United States or outside of the country. 

If the applicant is outside of the United States, they will go through consular processing. This means that their documents and interview will be conducted at the applicable US Embassy or Consulate. If the applicant is approved then they will receive travel permission and will be stamped as a permanent resident upon arrival to the US. 

If an applicant is in the United States, then they will go through a process of adjustment of status. To do this, the applicant will file Form I-485, Application to Register Permanent Residence or Adjust Status and go through the applicable process. The last step will be the receipt of the official decision.

EB-3 Visa Processing Time

Labor Certification

To begin with, if a labor certification is required then that process can take anywhere from 8 months to 2 years. The longer timeframes especially apply when a company is audited to ensure compliance. 

Once the Form I-140, Immigrant Petition for Alien Workers is submitted, applicants should expect at least a 6-month processing timeframe. A premium processing service is available which can shorten the processing time from 6 months to 15 calendar days. There is a cost associated with the premium processing service. Premium processing currently costs $2,500. 

If a Form I-485, Application to Register Permanent Residence or Adjust Status is filed then an applicant can expect an additional 6 month processing time. Consular processing timeframes can vary beyond that. In total, an applicant can expect a 1.5 year to several years timeframe from start to finish. 

Family Members

The spouse and unmarried children, under the age of 21, of an applicant may be admitted to the US under an E-21/E-22 immigrant status. Children must be/remain under 21 and unmarried until they are approved for permanent resident status or enter the U.S. with the EB-3 visa.

Questions about EB-3 Visas?

The basic requirement for an EB-3A (Professionals) visa subcategory is that an individuals have, at least, a US bachelor’s degree or an equivalent degree. Therefore, a foreigner with a higher degree such as a master’s degree would qualify for an EB-3. However, someone with an advanced degree may also qualify for an EB-2. Individuals with a master’s degree should review the EB-2 visa requirements in the event they qualify.

An EB-3 can be changed to an EB-2 but the process, known as porting, is complicated. First, an applicant must qualify for an EB-2 and find an employer to sponsor and offer a requisite job position. This can be the existing employer proffering a new position or a different employer altogether. This employer will have to obtain a completely new PERM Labor Certification and also file a new Form I-140, Immigrant Petition for Alien Workers for the EB-2. Although this essentially going through the entire EB-2 process from the beginning, an applicant can request to maintain their priority date from their previous EB-3 filing. If the EB-2 category is current, then the applicant can immediately move forward in the process. If, however, the attempt to transfer to an EB-2 is denied, the applicant can continue, or fall back on, their original EB-3 application.

Similar to transferring from an EB-3 to an EB-2, technically an EB-3 application can be converted to an EB-1. The process for transferring an EB-3 to an EB-1 follows the same process as outlined in the previous question. However, it is important to note that the requirements for an EB-1 are notably stringent and specialized. Successful conversion from an EB-3 to and EB-1 is relatively rare. However, if an applicant believes that they may qualify under EB-1 but already have an EB-3 application in process, they should consult an experienced attorney to assist in this type of possible transfer.

Once a foreign applicant has been approved for an eb-2 visa, the applicant’s spouse and unmarried children under the age of 21 can also be petitioned for. The applicant’s spouse must apply for an E-21 visa and the children for an E-22 visa. Once the visas are approved, the spouse will be eligible for an Employment Authorization Document (EAD) to be able to work in the US.

Once an individual receives permanent residency — otherwise known as a green card — through an EB-3, then they become eligible for US citizenship in the same manner as any other US green card holder. Permanent residents can petition for their US citizenship provided they meet the following requirements:

  • The individual is at least 18 years old; and
  • The individual meets any of the following requirements:
    • Be an EB-3 holder for at least 5 years,
    • Be married to a US citizen for at least 3 years, and/or
    • Be currently serving in the US military.

If these requirements are met, the applicant will then need to file form N-400, Application for Naturalization. A copy of the EB-3 green card, along with passport photos and applicable fees will also need to be submitted. Applicants will also need to have evidence to show good moral character. Applicants will also need to show basic abilities to read and write in English and have competency knowledge about US history, government, and the Constitution. The applicant must also have remained in the US continuously for a required amount of time. An experienced immigration attorney should be consulted when an individual becomes eligible to petition for their US citizenship.

As of November 2020, the Public Charge Final Rule is no longer applicable for filing Form I-485, Application to Register Permanent Residence or Adjust Status. The Public Charge Final Rule is not being applied to any pending applications or petitions and will no longer be applied to new petitions. USCIS has reverted to requirements and affiliated processes in place prior to the February 2020 original implementation of the Public Charge Final Rule. As of March 2021, applicants will no longer have to submit Form I-944, Declaration of Self-Sufficiency, or associated evidence/ documentation with Form I-485, Application to Register Permanent Residence or Adjust Status.

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