Employment-Based Green card - part 2 Complete Guide to EB-3 Visa

And we are back with freshly brewed information for you!

However, a little run-through over the last article is a wise way to keep the flow steady. 

Our last article was focused on different categories of the employment-based green card along with the documents required to apply for the same. 

For those of you who haven’t read part 1, click here!

We are now safely assuming that you are aware of all the 5 categories of employment-based green card. Moving forward to what we have in the house for you, let’s talk about EB-3 visa. 

The EB-3 visa is one of the numerous visas available for people who want to travel to the United States for work. This article will walk you through all the details related to the EB-3 visa so you know what to expect if you apply for one.

What is an EB-3 visa? 

An EB-3 visa is a green card for workers, specifically for skilled, professional, or other workers. It is an employment-based green card and is the third preference for such visas. Just like EB-1 and EB-2 visas, this one allows an immigrant to live in the United States and work in a specific field.

The EB-3 visa allows three types of workers to go to the US permanently and work there. These groups of workers are:

• Skilled workers - Those who have completed at least 2 years of job experience or training.
• Professionals - Those who can prove that they have a baccalaureate degree or its equivalent.
• Unskilled workers - Those who have less than 2 years of work experience or training. 

The number of EB-3 visas issued each year is limited. Out of the total 140,000 employment category immigrant visas issued, 28.6% or around 40,040 visas are allocated for the EB-3. After this quota is reached for the year, the rest of the applications are put on hold for the following year.

EB-3 visa requirements

Not everyone can get an EB-3 visa since an applicant is required to meet specific criteria. However, one of the best things is that the EB-3 visa doesn’t have such strict requirements as compared to other green card visas including the EB-1, for instance. For this reason, it is not as scrutinized, making it more likely for an applicant to be successful in getting this visa. The only downside that comes along with the EB-3 visa is that there will probably be an approval waiting list.

The priority date of the petitioner should be current in order to have the EB-3 visa application changed from non-immigrant (temporary). The start of the Labor Certification Process will be the one setting the priority date of the petitioner.

To successfully apply for this visa, an employer has to:

• Ensure that he/she is able to afford the position they offer after granting this employment visa
• File form I-140
• Show  a proof that the application’s beneficiary meets all the requirements

In order to qualify for an EB-3 visa, there are a few routes that the applicants must take (based on the category to which they belong):

• Skilled Worker – For this category, the applicants must have at least 2 years of relevant employment experience or training. The Labor Certification Process will also be required to show that there are no eligible workers in the US to fill the position.
• Professionals – For the professional position, the applicants must have a baccalaureate degree or equivalent.
• Unskilled Workers – The unskilled or “other” workers category includes positions that do not require two years of training or experience. However, seasonal or temporary jobs are excluded.

Labour Certification Process

The PERM Labour Certification Process is required with every single EB-3 visa petition. During this, the US Department of Labour requires the prospective employer to take a test. This test helps demonstrate that there are no willing or qualified workers in the US to fill the job position.

During the process, newspaper advertisements are posted on consecutive Sundays, and the relevant State Workforce Agency also announces the open position. In addition to this, the job ad is posted in a conspicuous place on the worksite and website of the company. Three other different recruitment processes are also followed based on the regulations.

Application process

Since the employer is the petitioner for this visa, he/she is required to file a Form I-140 with USCIS to start the process. Apart from this, the employer should be able to prove that he/she can pay the wage offered for the job. 

The employer may use a federal income tax return, an audited financial statement, or an annual report to prove that he/she is able to pay the salary. 

EB-3 visa processing time

Getting through the EB-3 visa application, one has to go through many steps. Thus, the application processing may take a span of 1 to 3 years. 

So this is pretty much everything you need to know about the EB-3 visa. 

Also, this might interest you!

If you already have an H-1B visa and looking for a quick transfer or want to apply for a Green Card, talk to us. When you work with Newforce, we file for your Green Card immediately and don’t make you wait for many years. 

We can help you with finding & applying for jobs in the USA and get you moving to the country at the earliest. All you have to do is connect with us at experts@newforceltd.com and our professionals will be of service in no time.