The EB-3 Visa is a U.S. work visa program that provides opportunities for foreign workers who qualify as "occupational professionals," "skilled workers," or "immigrant investors."

This program allows U.S. employers to hire highly skilled foreign workers in specialized occupations when there is a shortage of local labor available.

Benefits of the EB-3 Visa

The EB-3 Visa offers several benefits for both employers
and foreign workers. Some key benefits include:

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Legal employment and labor protection

As a highly accomplished foreign national professional you will have the opportunity to obtain permanent residence in the United States. This provides you with stability and the possibility to establish and work indefinitely in the country.

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Temporary stay in the United States

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The Right to Travel

Freedom to travel within the United States

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Your family may qualify for an EB-3 Visa

Your immediate family members (spouse and/or unmarried children under 21 years old) may also qualify for an EB-3 Visa. While in the United States, your children can attend school, and your spouse can apply for an Employment Authorization Document (EAD), granting them permission to work legally in the United States.

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Possibility of adjusting your status

After meeting certain requirements,you can apply for an Adjustment of Status and obtain permanent residence in the United States.

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Requirements

To be eligible for the EB-3 Visa, you must meet certain requirements established by the U.S. Department of State. Some common requirements include:

1 Employment Offer

2 Specialized Skillset

3 Meet Specific Salary Requirement

4 Return to Home Country or Extend Your Visa

5 Have the Required Documentation

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Step 1

Employment Offer

Obtain a valid job offer from a U.S. employer in a specialized occupation.

Please note that requirements may vary depending on the employer and specific regulations of the EB-3 Visa program.

Skilled workers

People whose work requires a minimum of 2 years of training or experience, not of a temporary or seasonal nature. The skilled worker must meet the education, training or experience requirements of the job opportunity. Relevant post-secondary education can be considered as training.

Professional

A worker with a baccalaureate degree or equivalent education diploma and at least four years of progressive professional experience in the field. “Professionals” are people whose work requires at least a US bachelor’s degree or foreign equivalent degree and are members of the profession

Other workers

If you are a non-skilled worker, a valid job offer and job sponsor are required to submit an application for appropriate labor certification to the Labor Department’s Certification Office. In addition, you must demonstrate the ability to perform non-skilled work (requiring less than two years of training or experience).

To qualify for any of these positions, you must ensure that you are applying for a job that requires skills that are not available among workers in the United States.

The “other workers” subcategory is for people who perform unskilled labor that requires less than 2 years of training or experience, not of a temporary or seasonal nature.

How to apply for the EB-3 visa?

To apply for the EB-3 visa, applicants must meet the requirements requested by the United States government.

Obtain labor certification by submitting the ETA (Form 9089) to the DOL.

Statement by the US employer that they tried to hire an employee in the US and failed. Also, that for this he will pay the prevailing wage.

Obtain from the employer a statement of non-discrimination regarding rights and wages, compared to your American peers.

Must be a skilled worker or professional with academic degrees

Have an employer who is willing to sponsor the applicant for the job

Have a valid job offer from the employer

Meet the specific education and/or work experience requirements for the position offered

The rates may vary depending on the requirements and documentation presented. This information corresponds to October 2023.

EB-3 Visa Application Process

Approval grants 3-year work permit

Once the application is submitted, immigration officials will assess whether the candidate meets the requirements of the program. If the application is approved, the candidate will receive a work permit valid for three years.

This permit can be renewed indefinitely as long as the candidate continues to meet the requirements to obtain the visa.

Employer's financial capability

As part of the application process, your employer must demonstrate that it is capable of providing you with ongoing pay beginning on your visa priority date.

Your employer may look to an annual report, federal income tax return, or audited financial statement to demonstrate its continued ability to pay your wages.

Notification, biometrics, and decision

Once you apply for the EB-3 visa , your employer will receive a notification of receipt of the documentation. In the event that the applicant has applied for the visa, a notification of biometric services and a date for an interview will be sent.

Finally, you will be presented a notice with the final decision from the Department of Labor (DOL)

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Documentation required for EB-3 visa

The application process for the EB-3 visa consists of four steps

1 Form I-140 and labor certification

To apply for an EB-3 visa , the applicant must file an employer petition ( Form I-140 ) with USCIS . Third preference applications generally must be accompanied by an approved individual labor certification issued by the Department of Labor (DOL).

2 Form ETA-9089

In general, third preference petitions require an approved individual labor certification, provided by the Department of Labor on Form ETA-9089 . In some cases, the petition may be submitted to USCIS for consideration without the certified ETA-9089.

3 Form I-485

If the petition is approved, the applicant can file an application for permanent residence ( Form I-485 ) whether in the United States or abroad and eventually obtain US citizenship.

4 Eligibility for family

If your Form I-140 is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in category E34 (spouse of a “skilled worker” or “professional”), EW4 (spouse of “other type of worker”), E35 (son of “skilled worker” or a “professional”) or EW5 (son of “other type of worker”).

Growth of the EB-3 Visa Program

In recent years, there has been a notable increase in the popularity of the EB-3 Visa program as more qualified foreign workers seek employment opportunities in the United States.

The United States Citizenship and Immigration Services (USCIS) annually issues thousands of EB-3 visas, clearly demonstrating the importance and demand for this program in the country's business and academic sectors.

EB-3 visa extension

To extend the EB-3 visa, Form I-907 must be filed with the Department of Labor. This is the application form for the extension or change of status of an EB-3 skilled worker or professional visa.

The person filing Form I-907 may be the foreign worker, employer, or authorized representative. If filed through the authorized representative, the representative will be required to have a valid power of attorney issued by the applicant.

Differences between EB-3 visa and EB-2 visa

The EB-3 immigrant visa is an option for those who qualify as occupational professionals, skilled workers, or immigrants without specific category.

Eligibility Requirements

The EB-3 immigrant visa is an option for those who qualify as occupational professionals, skilled workers, or immigrants without specific category.

The EB-2 visa , on the other hand, is available to those who are considered ” foreign professionals with exceptional ability ” or those with “domestic immigration visas in areas of economic interest .” In general, the EB-3 visa has fewer educational and experience requirements than the EB-2 visa . However, due to the high demand for EB-2 visas, the requirements for the EB-3 visa have increased in recent years.

Salary Requirements

EB-3 visa recipients must also demonstrate that they will be paid a salary equal to the median wage paid for the position in the geographic area where the job will be performed. This is known as the “anticipated salary”.

Instead, EB-2 visa recipients must demonstrate that they will be paid a salary equal to the median wage paid for the position in the geographic area where the job will be performed, or an “acceptable minimum wage,” which is slightly higher.

Apply for Your EB-3 Visa Today

If you are a qualified foreign national professional seeking a job opportunity in the United States, the EB-3 Visa may be an option worth considering.

However, it is important to ensure that you meet the established requirements and seek proper guidance to facilitate the application process.

At Visa Franchise, we can put you in touch with the right partner to help you through the entire process. Their team of experts will provide you with personalized advice, and provide you with all the information you need to succeed in your EB-3 Visa application while our team will be able to assist you with other items of your transition to the United States through our One Stop Solution offering.

An EB3 visa comes with certain benefits, including

You can legally work in the United States

You can travel freely in the United States

The EB3 can be renewed indefinitely in two-year increments

Your immediate family (spouse and/or unmarried children under the age of 21) may also qualify for an EB3 visa.

While in the United States, your children can go to school and your spouse can apply for an EAD, an employment authorization document, which gives them permission to legally work in the United States

Can I use premium processing for my EB-3 visa?

Yes. Most, if not all, EB-3 cases allow you to speed up I-140 processing time by using an optional service known as premium processing. By completing Form I-907 and paying the $1,440 fee, you can reduce your petition time to just 15 calendar days.

However, just because your petition is approved in 15 days does not mean that you can get your green card at that time. You will still have to wait for your priority date to become current. Talk to your immigration attorney to find out if premium processing is appropriate for your situation.

What are the pros and cons of an EB-3 Visa?

Pros:

Opportunity for Employment in the United States: The EB-3 Visa allows foreign workers with specific skills and experience to obtain employment in the United States.

Path to Permanent Residency: The EB-3 can be a step towards obtaining a Green Card and eventually citizenship.

Inclusion of Family Members: You can include your spouse and unmarried children under 21 in the application.

Work Flexibility: You can change employers in some cases, as long as the new job falls within the same labor preference category.

Experience Not Always Required: In some cases, previous work experience is not required if you meet other requirements.

Cons:

Long and Complex Process: The processing of the EB-3 Visa can take time, and the process can be complicated.

Limited Visa Quotas: There is a limited number of EB-3 Visas available each year, which can result in delays or waiting.

Dependency on Employer: Your status in the United States can largely depend on your sponsoring employer.

Labor Competition: The demand for EB-3 Visas can be high, which could make obtaining one difficult.

Possible Policy Changes: Immigration policies can change, which could affect your process.

What is the difference between an EB-3 visa and an EB-3 green card?

The EB-3 Visa is a non-immigrant Visa that allows foreign workers to work in the United States in jobs that require specific skills. The EB-3 Green Card, on the other hand, is a permanent residency Green Card granted to foreign workers who meet the labor and eligibility requirements, allowing them to reside and work permanently in the United States.

Can I get an EB-3 with a master's degree?

Yes, it is possible to obtain an EB-3 Visa with a master's degree, depending on the job requirements and the specific labor preference category under which you are applying.

Can I get an EB-3 without any degree?

In some cases, it is possible to obtain an EB-3 Visa without a university degree if you meet the specific work and experience requirements for the labor category you are applying under.

Can I get an EB-3 without any experience?

In some cases, yes, it is possible to obtain an EB-3 Visa without previous work experience if you meet other requirements set for the labor category you are applying under.

How can I check my EB-3 priority date?

You can check the EB-3 priority date in the Visa Bulletin of the United States Department of State.

How long does the EB-3 take?

The processing time for an EB-3 Visa can vary depending on various factors, including the labor category and the workload of the United States Citizenship and Immigration Services (USCIS). It can take several months or even years.

How can I go from an EB-3 visa to citizenship?

To become a U.S. citizen, you generally need to first obtain a Green Card through the EB-3 Visa. Then, you can apply for citizenship after meeting the residency and physical presence requirements in the United States.

Is there an EB-3 visa adjustment of status interview?

Yes, in most cases, EB-3 Visa applicants must attend an adjustment of status interview as part of the Green Card application process.

Are there travel restrictions for the EB-3 visa?

Holders of the EB-3 Visa may have travel restrictions, as leaving the United States for extended periods could affect their residency status or eligibility for the Green Card.

Do I have access to US healthcare with an EB-3 visa?

In general, EB-3 Visa holders do not have automatic access to healthcare benefits provided by the U.S. government. It is important to obtain private health insurance or through your employer to cover medical needs.

In summary

The EB-3 visa is a great option for those seeking to immigrate to the United States, as the education and/or work experience requirements are lower than for other work immigration visas. If you meet the requirements for the EB-3 visa , contact an immigration attorney to help you file your application with USCIS (United States Citizenship and Immigration Services)

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Disclosures

1 Requirement 1

It is important to note that in order to become a Visa Franchise client it is required that you have fluency in English, Spanish, and/or Portuguese. Intermediate English is required.

2 Requirement 2

Visa Franchise is not an immigration law firm and you are required to engage an immigration attorney to support with and file your petition.

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