EB-3 Visas: For Skilled Workers And Professionals
The EB-3 immigrant visa category is a crucial avenue for foreign nationals seeking lawful permanent residence in the United States through employment. Distinguished by its focus on skilled workers, professionals and other qualified laborers, the EB-3 visa offers a pathway for individuals with a wide range of qualifications and experience levels to obtain a green card. Notably, the EB-3 differs from the EB-2 and EB-1 categories in its accessibility, as it does not require the same level of extraordinary ability or exceptional qualifications. However, an EB-3 visa requires a sponsoring employer to go through the labor certification process, so self-petitioning is not available.
At Fok Immigration Law, our immigration attorneys know everything there is to know about EB-3 visas and employment-based green cards. With offices in San Mateo and San Jose, we are conveniently located to serve the Silicon Valley community.
Common Questions And Answers About EB-3 Visas
Curious about the EB-3 visa process? Browse our FAQs below for clear, insightful answers that will help pave your way to living and working in the U.S.
Which of the three categories am I supposed to be in?
- Professionals – This category typically demonstrates that a baccalaureate degree is the normal requirement for entry. Education and experience are not interchangeable for a baccalaureate degree.
- Skilled workers – For this category, you must be able to demonstrate at least two years of job experience or training.
- Other workers – This category is for jobs that are considered unskilled labor. This means the position must require less than two years of experience or training and the job cannot be temporary or seasonal in nature. For this specific category only 10,000 visas are permitted a year.
What are the requirements for applying for an EB-3 immigrant visa?
For all categories, the U.S. employer must obtain a labor certification approval from the Department of Labor. Additionally, the applicant must meet any applicable eligibility criteria, including educational qualifications, experience and other specific requirements as defined by the prospective job.
What is the age requirement for an EB-3 visa?
The age requirement is 18 years of age.
Can I bring my dependents into the US on an EB-3 visa?
Yes, you can bring your dependents with you.
After my EB-3 petition is approved, when can I get my green card?
After receiving the I-140 approval, you will need to file the form I-485 to adjust your status to permanent resident or file the form DS-260 to apply for an immigrant visa abroad to get your green card. However, even if you receive the approval for your EB-3 case, you may still need to wait for some period of time before you can file the second part of your green card application. This depends on when your priority date becomes current according to the dates listed on the visa bulletin for people from your country. We can assist you in determining when you should file your green card applications. Finally, once you receive an approved I-485 or DS-260 and complete all required steps, you will officially become a legal permanent resident in the U.S. We will happily assist you or your family members in preparing your permanent residency application to obtain a green card once you are at this stage.
How do I apply for an EB-3 visa or green card?
Applying for an employment-based green card as a skilled worker requires careful attention to detail. The process involves several important steps and adherence to specific guidelines. Here is a streamlined overview of the process:
- Prevailing wage determination: Begin by filing Form ETA-9141 with the Department of Labor to determine the prevailing wage for the position.
- Recruitment efforts: Conduct recruitment efforts through advertising campaigns to ensure the position is open to qualified U.S. workers.
- PERM application: File Form ETA-9089, also known as the PERM application, with the Department of Labor. This step certifies the employer to hire a foreign worker.
- Immigrant petition: Submit Form I-140 to USCIS for the foreign worker’s employment-based green card approval.
- Adjust status: If you are in the U.S., file Form I-485 with USCIS. If abroad, file Form DS-260 with the Department of State to obtain legal permanent resident status.
Filing the PERM is a crucial step in this process. It involves complex rules regarding recruitment efforts and defining the position’s skill, education and experience requirements. Because it is so complicated, employers and applicants should work with an immigration attorney to ensure compliance and accuracy.
Why Hire Fok Immigration Law?
Hiring an attorney can significantly impact your immigration journey. The steps in the application process are incredibly detailed. If you make even one error, it can put your petition in jeopardy and cost you a lot of money.
Choosing the right lawyer can make all the difference between an approved visa and a denied one. Our team of immigration law attorneys brings over 25 years of combined experience to your case. Our attorneys are not only knowledgeable but also approachable. They understand the intricacies of immigration law and are dedicated to providing personalized service. You can reach out to us without worrying about being charged by the minute. Our flat-fee structure ensures transparency and peace of mind. We believe in honest communication and treat each client like our only client.
Unlock Your American Dream: Call Us Today!
Ready to take the next step towards your American Dream? Let’s make it happen together! Connect with Fok Immigration Law today by calling 408-212-7014 or 650-546-7020. Our immigration team is here to guide you through every step of the EB-3 visa process, ensuring a smooth and successful journey to the U.S. Don’t wait – your future in the U.S. starts today!