To obtain an EB-3 visa, which is an employment-based immigrant visa category in the United States, you need to follow a multi-step process. The EB-3 visa is designed for skilled workers, professionals, and other workers, and it requires a U.S. employer to sponsor the applicant. Here’s a step-by-step guide on how to obtain an EB-3 visa:
- Check Eligibility: Determine if you meet the eligibility criteria for the EB-3 visa. The EB-3 visa has three subcategories:
- EB-3(a): Skilled Workers – Individuals with at least two years of job experience or training.
- EB-3(b): Professionals – Individuals with a bachelor’s degree or foreign equivalent.
- EB-3(c): Other Workers – Unskilled workers with less than two years of job experience or training.
- Find a U.S. Employer Sponsor: To apply for the EB-3 visa, you need a U.S. employer to sponsor your application. The employer must demonstrate the need for your skills and show that there are no qualified U.S. workers available for the position through a labor certification process.
- Labor Certification (PERM Process): The employer must obtain a labor certification from the U.S. Department of Labor (DOL). The labor certification process involves demonstrating that there are no willing, able, qualified, and available U.S. workers for the position you are being hired for. This process ensures that hiring a foreign worker will not negatively impact U.S. workers in the same field.
- Form I-140, Immigrant Petition for Alien Worker: After obtaining the approved labor certification, your U.S. employer will file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form is used to establish your eligibility as an EB-3 visa applicant.
- Wait for I-140 Approval: Once Form I-140 is approved, USCIS will notify you and your employer.
- Consular Processing or Adjustment of Status:
- If you are outside the United States: You will go through consular processing at a U.S. embassy or consulate in your home country. You will need to submit Form DS-260, Immigrant Visa Application, and attend a visa interview.
- If you are already in the United States: If you are eligible for adjustment of status, you will file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
- Attend Visa Interview (Consular Processing): If you are applying through consular processing, attend the visa interview at the U.S. embassy or consulate. Be prepared to present the required documents and demonstrate your eligibility for the EB-3 visa.
- Receive Immigrant Visa or Green Card: If your EB-3 visa application is approved, you will receive an immigrant visa (for consular processing) or a Green Card (for adjustment of status). The immigrant visa will allow you to enter the U.S. as a permanent resident.
- Arrival in the U.S.: If you received an immigrant visa through consular processing, you can travel to the U.S. and become a permanent resident upon entry. If you adjusted status in the U.S., your Green Card will be mailed to you.
It’s important to note that the EB-3 visa process can be complex, and requirements may vary depending on the specific subcategory and individual circumstances. Working with an experienced immigration attorney can help ensure a smooth and successful immigration process. Additionally, the information provided here is based on the regulations as of my last update in September 2021. For the most current and accurate information, applicants should refer to the official USCIS website or consult with an immigration attorney.
What are the benefits of EB-3 visa?
The EB-3 visa, an employment-based immigrant visa category in the United States, offers several benefits to foreign nationals who qualify under its three subcategories: Skilled Workers (EB-3(a)), Professionals (EB-3(b)), and Other Workers (EB-3(c)). Here are some of the key benefits of the EB-3 visa:
- Permanent Residency (Green Card): The primary benefit of the EB-3 visa is that it provides a path to permanent residency (a Green Card) in the United States. Once granted, the Green Card allows the holder to live and work permanently in the U.S. and provides a pathway to U.S. citizenship after meeting the necessary residency requirements.
- Sponsorship by U.S. Employer: To apply for the EB-3 visa, you need a U.S. employer to sponsor your application. This means that the employer is invested in your employment in the U.S. and can offer job stability.
- Flexibility in Employment and Geographic Location: With the EB-3 visa, individuals are not tied to a specific employer or job position. Once the Green Card is obtained, the holder has the freedom to change jobs or employers without jeopardizing their immigration status.
- Ability to Sponsor Immediate Family Members: As a Green Card holder, an EB-3 visa holder can sponsor their spouse and unmarried children under 21 years of age for permanent residency in the U.S.
- Access to U.S. Healthcare, Education, and Social Services: Green Card holders have access to various benefits and services available to U.S. residents, including healthcare, education, and social programs.
- Protection under U.S. Laws: As a Green Card holder, individuals are protected by U.S. laws and have the same legal rights as U.S. citizens, except for voting in federal elections.
- Pathway to U.S. Citizenship: After holding a Green Card for a certain period and meeting other eligibility requirements, individuals may apply for U.S. citizenship, becoming naturalized citizens.
- Travel Benefits: Green Card holders can travel freely in and out of the U.S. without the need for additional visas or re-entry permits.
- Protection from Deportation: Green Card holders are generally protected from deportation, provided they do not engage in certain criminal activities or violate immigration laws.
- Opportunities for Family-Based Immigration: As a Green Card holder, individuals can petition for their parents, married children, and siblings to become permanent residents, expanding opportunities for family-based immigration.
It’s important to note that the EB-3 visa process can be complex, and requirements may vary depending on the specific subcategory and individual circumstances. The availability of visa numbers is also subject to annual numerical limitations. Working with an experienced immigration attorney can help individuals understand the full benefits and navigate the application process successfully. Additionally, the information provided here is based on the regulations as of my last update in September 2021. For the most current and accurate information, applicants should refer to the official USCIS website or consult with an immigration attorney.