EB-3 Visa: A Comprehensive Guide with Sari Law Firm
The EB-3 visa offers a path to permanent residency in the United States for skilled workers, professionals, and unskilled workers. Sari Law Firm is here to help you navigate the application process and understand the benefits and requirements of the EB-3 visa.
What is the EB-3 Visa?
The EB-3 visa is an employment-based visa granting permanent residency to individuals who qualify as skilled workers, professionals, or unskilled workers. Annually, approximately 40,000 EB-3 visas are available. This third-preference visa category has less stringent requirements compared to EB-1 and EB-2 visas but may have longer wait times, especially for applicants from countries like India and China.
Benefits of the EB-3 Visa
- Permanent Residency: Grants a green card, allowing you to live and work permanently in the U.S.
- Less Strict Requirements: Easier to qualify compared to EB-1 and EB-2 visas.
- Family Inclusion: Your spouse and unmarried children under 21 can also obtain green cards, allowing them to live, work, and study in the U.S.
EB-3 Visa Requirements
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Employment Criteria:
- Professionals: Must have a bachelor's degree or equivalent for a job requiring such a degree.
- Skilled Workers: Require at least 2 years of job training or experience.
- Unskilled Workers: Perform jobs requiring less than 2 years of training or experience.
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No Qualified American Workers:
- Must obtain an approved labor certification to prove that hiring a foreign worker won't displace qualified American workers.
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Valid Job Offer:
- A U.S. employer must extend a job offer and demonstrate an employer-employee relationship, including the ability to pay and supervise the beneficiary.
EB-3 Visa Application Process
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Labor Certification:
- The U.S. employer files a labor certification with the Department of Labor, proving no qualified U.S. workers are available for the job and committing to pay the prevailing wage.
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I-140 Petition:
- After obtaining labor certification, the employer files Form I-140 with USCIS to petition for the foreign worker.
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Form DS-261:
- The beneficiary completes Form DS-261 to inform the U.S. Embassy of their intention to apply for an EB-3 visa.
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Medical Examination:
- Undergo a medical examination with an approved doctor to ensure all health and vaccination requirements are met.
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Visa Application:
- Submit necessary documents, including labor certification, I-140 approval, DS-261 confirmation, medical records, and other supporting documents to the U.S. Embassy.
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Visa Interview:
- Attend an interview at the U.S. Embassy where a consular officer will review your application and determine eligibility.
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Arrival in the United States:
- Upon approval, you can enter the U.S. as a permanent resident with the ability to work and live indefinitely.
Required Documents
- Written contract between U.S. employer and beneficiary
- Valid passports for the beneficiary and dependents
- Photographs
- Medical and vaccination records
- Academic records
- Previous work experience records
- Criminal records
- Proof of significant awards or honors
Necessary Forms
- Form ETA-9089: Application for Permanent Employment Certification
- Form I-140: Immigrant Petition for Alien Workers
- Form DS-261: Online Choice of Address and Agent
Fees
- I-140 Petition Filing Fee: $700
- DS-261 Processing Fee: $445
- Other Fees: Medical examination, translations, photocopying, etc. (varies)
Processing Time
Processing times can vary based on factors such as USCIS center, country of origin, and individual circumstances. It can take from one to several years, with longer waits for nationals from India and China.
Conclusion
The EB-3 visa offers a valuable opportunity for skilled workers, professionals, and unskilled workers to obtain permanent residency in the United States. Understanding the requirements, benefits, and application process is crucial for success.
For expert guidance on the EB-3 visa process, contact Sari Law Firm. Our experienced attorneys will assist you through every step.