The EB-3 Visa is an employment-based immigrant visa that offers individuals the opportunity to live and work in the United States as permanent residents. Designed to cater to a wide range of workers, including skilled workers, professionals, and unskilled laborers, the EB-3 Visa provides a pathway to obtaining a Green Card while contributing to the U.S. economy.
The EB-3 Visa is a U.S. employment-based immigrant visa specifically designed for individuals seeking permanent residency through full-time employment in the United States. It falls under the third preference category for employment-based immigration and is open to:
The EB-3 Visa grants successful applicants and their families permanent residency (Green Cards), allowing them to live and work in the United States indefinitely. This visa category is particularly beneficial because it does not require the applicant to demonstrate extraordinary ability or hold advanced degrees, making it more accessible to a broader range of individuals.
The EB-3 Visa provides numerous advantages for applicants and their families, making it one of the most sought-after employment-based immigration options.
The EB-3 Visa grants successful applicants permanent residency in the United States, allowing them to obtain a Green Card. This provides individuals with the ability to live, work, and travel freely within the U.S. and offers the potential for eventual naturalization as a U.S. citizen.
One of the most significant benefits of the EB-3 Visa is that it allows family members of the primary applicant to obtain permanent residency as derivative beneficiaries. Spouses of EB-3 Visa holders are eligible to apply for a Green Card and may also seek work authorization. Unmarried children under the age of 21 can accompany the applicant and enjoy the same rights as U.S. permanent residents, including access to education.
The EB-3 Visa encompasses a wide range of applicants, from skilled workers and professionals to unskilled laborers. This makes it a versatile option for individuals in various industries, including healthcare, agriculture, construction, and many more.
Unlike other employment-based visas, such as the EB-1 Visa, the EB-3 Visa does not require applicants to demonstrate extraordinary ability, advanced degrees, or managerial roles. This makes it more accessible to workers with varying levels of education and experience.
To qualify for the EB-3 Visa, applicants must fall into one of three categories. Each category has its own set of requirements:
Skilled workers must have at least two years of job-specific training or work experience in an occupation that cannot easily be filled by U.S. workers.
Professionals must possess a U.S. bachelor’s degree or its foreign equivalent, and the offered job must specifically require such a degree.
Unskilled workers are individuals performing labor that requires less than two years of training or experience.
All applicants, regardless of category, must have a full-time, permanent job offer from a U.S. employer that is willing to sponsor their EB-3 Visa.
Employer sponsorship is a critical component of the EB-3 Visa process. Employers play a significant role in ensuring that the petition meets all legal and procedural requirements.
Before filing an EB-3 Visa petition, the employer must obtain a PERM labor certification from the U.S. Department of Labor. This certification demonstrates that:
The PERM process requires the employer to conduct a recruitment campaign to attempt to fill the position with U.S. workers. If no qualified candidates are found, the employer can proceed with sponsoring the foreign worker for the EB-3 Visa.
Once the PERM labor certification is approved, the employer must file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. This petition establishes the foreign worker’s eligibility and proves that the employer has the financial ability to pay the offered wage.
The EB-3 Visa process is a multi-step procedure involving employer compliance, extensive documentation, and strict deadlines. An experienced immigration attorney can make all the difference in ensuring a smooth and successful application process.
Our attorneys guide employers through the PERM labor certification process, helping them comply with recruitment requirements and prepare the documentation necessary to prove that hiring a foreign worker is justified.
We assist employers in gathering evidence to file Form I-140 on behalf of the applicant. This includes proving the employer’s financial ability to pay the worker’s wages and demonstrating the applicant’s qualifications for the job.
If USCIS or the Department of Labor requests additional documentation or conducts an audit, our attorneys provide prompt and effective responses to ensure the case remains on track.
We assist EB-3 applicants in filing for derivative Green Cards for their spouses and unmarried children under 21, ensuring the entire family can benefit from immigration to the United States.
Applying for an EB-3 Visa involves several key steps, each of which must be carefully completed to ensure approval:
The EB-3 Visa process begins with the U.S. employer offering a full-time, permanent job to the foreign worker.
The employer must obtain a PERM labor certification from the Department of Labor, proving that no qualified U.S. workers are available to fill the position.
Once the labor certification is approved, the employer files Form I-140 with USCIS, along with supporting evidence of the applicant’s qualifications and the offered job.
The applicant’s priority date is established when Form I-140 is filed. Depending on their country of origin, the applicant may have to wait for their priority date to become current before proceeding.
When the priority date is current, the applicant can either:
Once the application is approved, the applicant and their family are issued Green Cards, granting them permanent residency in the United States.
Choosing the Law Office Of Gell & Gell, PLLC, means aligning yourself with a firm that truly understands the complexities of immigration law. Our extensive experience, deep-rooted connections with community groups in NYC, and ability to offer services in multiple languages, set us apart.
Additionally, we offer both in-person and remote consultations, accommodating our clients’ needs even during challenging times. Our team, many of whom have personally experienced the U.S immigration journey, empathize with your situation and are committed to making your journey as smooth as possible.
