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    Understanding The Application Process For An Employment-Based EB-3 Visa

    SamanthaBy No Comments10 Mins Read

    What is an EB-3 visa?

    The EB-3 visa is an immigrant visa category within the U.S. employment-based immigration system. It is designed for foreign nationals who possess skills, education, and work experience in occupations that require less specialized knowledge than those covered under the EB-2 visa category. The EB-3 visa category aims to fill employment gaps in the U.S. labor market by allowing employers to sponsor foreign workers for permanent residency.

    Here are the key points to understand about the EB-3 visa category:

    • Three Subcategories: The EB-3 visa category consists of three main subcategories, each targeting different types of foreign workers:
      EB-3(A): Skilled Workers:

      • This subcategory is for foreign nationals with at least two years of job experience or training and who perform skilled labor that requires at least two years of training or experience.
    • EB-3(B): Professionals:
      • This subcategory is for foreign nationals with a bachelor’s degree or a foreign equivalent and whose occupation requires a professional degree.
    • EB-3(C): Other Workers:
      • This subcategory is for foreign nationals performing unskilled labor or work requiring less than two years of experience or training. It includes jobs that are not temporary or seasonal.
    • Labor Certification (PERM):
      • Similar to the EB-2 visa category, the EB-3 visa application process usually involves obtaining a Labor Certification through the Program Electronic Review Management (PERM) process.
      • The PERM process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact the U.S. labor market.
    • Form I-140 Petition:
      • After the Labor Certification is approved, the U.S. employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national.
      • The I-140 petition must include evidence of the foreign national’s eligibility for the specific EB-3 subcategory.
    • Visa Availability and Priority Date:
      • The priority date for the I-140 petition establishes the foreign national’s place in line for a visa number, as the EB-3 visa category is subject to numerical limitations.
      • Visa numbers are allocated based on the applicant’s priority date and country of origin.
    • Adjustment of Status (Form I-485) or Consular Processing:
      • Once the I-140 petition is approved and the priority date becomes current, the foreign national can apply for adjustment of status (Form I-485) if they are in the U.S.
      • If the foreign national is outside the U.S., they can apply for an immigrant visa through consular processing at a U.S. embassy or consulate.
    • Green Card Issuance:
      • Once the I-140 petition is approved and the adjustment of status application (Form I-485) is approved (if applicable), the foreign national will receive a green card, becoming a lawful permanent resident.

    It’s important to note that the EB-3 visa process can vary based on individual circumstances, changes in immigration policies, and specific requirements of the U.S. embassy or consulate where the visa interview is conducted. For the most accurate and up-to-date information regarding the EB-3 visa, it’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website or seek guidance from an experienced immigration attorney.

    How to apply for an EB-3 visa?

    Applying for an EB-3 visa involves multiple steps, including employer sponsorship, labor certification (PERM process), petition filing, and, if applicable, adjustment of status or consular processing. Here’s a general overview of the steps you would typically follow to apply for an EB-3 visa:

    • Employer Sponsorship and Labor Certification (PERM):
      • The first step in the EB-3 visa process is for the U.S. employer to obtain a Labor Certification through the Program Electronic Review Management (PERM) process.
      • The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact the U.S. labor market.
    • Form I-140 Petition:
      • Once the Labor Certification is approved, the U.S. employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national.
      • The I-140 petition must include evidence of the foreign national’s eligibility for the specific EB-3 subcategory (skilled worker, professional, or other worker).
    • Priority Date and Visa Bulletin:
      • The I-140 petition establishes the foreign national’s priority date, which is the date USCIS receives the I-140 petition.
      • Depending on the applicant’s country of origin and the demand for visas, there may be waiting periods before a visa number becomes available. You can track visa availability through the Visa Bulletin published by the U.S. Department of State.
    • Form I-485 (Adjustment of Status) Processing (If in the U.S.):
      • If the foreign national is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
      • The I-485 process includes biometrics, a medical examination, and, in some cases, an interview.
    • Consular Processing (If Outside the U.S.):
      • If the foreign national is outside the U.S., they can apply for an immigrant visa through consular processing at a U.S. embassy or consulate abroad.
      • After the I-140 approval and when the priority date is current, the applicant will receive instructions on how to proceed with consular processing.
    • Medical Examination and Biometrics (If Applying in the U.S.):
      • If applying for adjustment of status within the U.S., the foreign national will need to undergo a medical examination and attend a biometrics appointment for fingerprinting.
    • Green Card Issuance:
      • Once the I-140 petition is approved, the priority date is current, and the adjustment of status application (Form I-485) is approved (if applicable), the foreign national will receive a green card, becoming a lawful permanent resident.

    Keep in mind that the EB-3 visa process can vary based on individual circumstances and changes in immigration policies. It’s highly recommended to consult with an experienced immigration attorney or refer to the official U.S. Citizenship and Immigration Services (USCIS) website for the most accurate and up-to-date information regarding the EB-3 visa application process.

    EB-3 visa cost

    The cost associated with the EB-3 visa application process can vary based on several factors, including the specific steps you need to take, the type of EB-3 subcategory (skilled worker, professional, or other worker), whether you’re applying for adjustment of status or consular processing, and any additional services you might require. Fees can change over time, so it’s important to check the official U.S. government sources or consult with an immigration attorney for the most up-to-date fee information.

    Here are some of the key fees and costs you might encounter during the EB-3 visa application process:

    • Labor Certification (PERM) Fees:
      • The costs associated with the Labor Certification process can include recruitment costs, advertising fees, attorney fees, and other related expenses. The exact amount can vary based on the employer’s specific circumstances.
    • Form I-140 Filing Fee:
      • The fee for filing Form I-140, Immigrant Petition for Alien Worker, which establishes the foreign national’s eligibility for the EB-3 visa category.
      • The filing fee can vary based on the specific EB-3 subcategory and whether premium processing is requested.
    • Premium Processing Fee (Optional):
      • Some employers may choose to pay an additional premium processing fee to expedite the processing of the I-140 petition. This fee is optional and provides for faster processing times.
    • Form I-485 Filing Fee (Adjustment of Status):
      • If the foreign national is applying for adjustment of status within the U.S., the Form I-485, Application to Register Permanent Residence or Adjust Status, may be required.
      • The filing fee for Form I-485 can include various components, such as the application fee, biometric services fee, and, if applicable, the fee for applicants aged 14 to 78 years old for fingerprinting.
    • Consular Processing Fee (Consular Processing):
      • If the foreign national is applying for an immigrant visa through consular processing at a U.S. embassy or consulate abroad, there may be associated fees for the visa application and related services.
    • Medical Examination and Biometrics Fees:
      • If you’re applying for adjustment of status within the U.S., there might be costs associated with the required medical examination and biometrics appointment.
    • Attorney Fees:
      • Many applicants choose to work with an immigration attorney to navigate the complex EB-3 visa application process. Attorney fees can vary based on the attorney’s experience, services provided, and the specific case details.

    It’s important to carefully review the fee instructions provided by the U.S. government agency handling your specific application, as well as the guidance on the official U.S. Citizenship and Immigration Services (USCIS) website. Additionally, consider seeking assistance from a reputable immigration attorney to ensure that you have accurate and current fee information and to guide you through the application process.

    EB-3 checklist of required documents

    The required documents for an EB-3 visa application can vary depending on the specific subcategory within EB-3 (skilled worker, professional, or other worker), whether you’re applying for adjustment of status or consular processing, and your individual circumstances. Here’s a general checklist of documents that you might need for the EB-3 visa application process. Keep in mind that this list is not exhaustive and that you should consult the official U.S. government sources or an immigration attorney for the most accurate and up-to-date information.

    Labor Certification (PERM) Stage:

    • Job Offer and Employer Documentation:
      • Job offer letter describing the offered position, job duties, and salary.
      • Proof of the employer’s financial ability to pay the offered wage.
    • Recruitment and Advertising Documentation:
      • Documentation of recruitment efforts to show that no qualified U.S. workers are available for the position.
      • Copies of advertisements or recruitment efforts made to attract potential U.S. workers.
    • Prevailing Wage Determination:
      • Prevailing wage determination issued by the U.S. Department of Labor, indicating the minimum wage that must be paid to the foreign worker.
    • Labor Certification Application:
      • Completed Form ETA-9089, Application for Permanent Employment Certification, including supporting documentation.

    Form I-140 Petition Stage:

    • Form I-140 and Supporting Documentation:
      • Completed Form I-140, Immigrant Petition for Alien Worker, indicating the specific EB-3 subcategory.
      • Evidence of the foreign national’s qualifications and eligibility for the chosen subcategory (e.g., education, work experience).
    • Labor Certification Approval Notice:
      • Copy of the approved Labor Certification (PERM) from the U.S. Department of Labor.
    • Priority Date Information:
      • Information about the priority date established for the I-140 petition.

    Adjustment of Status (Form I-485) or Consular Processing Stage:

    • Form I-485 (Adjustment of Status) or DS-260 (Consular Processing):
      • Completed Form I-485 if adjusting status within the U.S., or Form DS-260 if applying through consular processingnailfits

         

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    • Passport and Photos:
      • Valid passport for the foreign national and passport-sized photos that meet the U.S. visa photo requirements.
    • Birth Certificate:
      • Copy of the foreign national’s birth certificate, along with a certified English translation if applicable.
    • Police Clearance Certificates:
      • Police clearance certificates from all countries where the foreign national has lived for a certain period, demonstrating good moral character.
    • Medical Examination Results:
      • Medical examination conducted by an approved panel physician.
    • Form I-693 (Medical Examination Report):
      • If applying for adjustment of status within the U.S., provide Form I-693 as proof of medical examination.
    • Form I-864 (Affidavit of Support):
      • Completed Form I-864, Affidavit of Support, if required to demonstrate financial support.
    • Supporting Evidence:
      • Additional evidence demonstrating the foreign national’s qualifications, work experience, and eligibility for the chosen EB-3 subcategory.
    • Visa Fees and Affidavit of Support Fees:
      • Payment of visa application fees and any required affidavit of support processing fees.

    This is a general overview of the types of documents you might need for the EB-3 visa application process. The specific requirements can vary based on your individual circumstances and the specific steps you’re taking within the process. It’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website and potentially work with an experienced immigration attorney to ensure that you have all the required documentation and that your application is prepared accurately factsmaniya.