What is an EB-3 Visa?

An EB-3 visa is a type of employment-based permanent residency visa that is available to foreign professionals and skilled workers who want to live in the United States legally forever. This visa gives people from certain countries and backgrounds who are allowed to work in the US a way to become permanent residents. To get an EB-3 visa, a person must attest that they have a permanent job offer from an employer and are either a “skilled worker” with at least two years of relevant experience, a “professional” with a relevant bachelor’s degree, or an “unskilled worker” with less than two years of experience.

Eligibility Requirements for an EB-3 Visa

For an applicant to be eligible, they must have at least two years of experience in a certain job or five years of experience in a certain field. To be eligible for the visa, applicants must also have at least a bachelor’s degree or the same amount of work experience as someone with a bachelor’s degree. Also, because there are limits on how many visas can be given to each country, applicants from countries with lower demand within their categories are given priority.

The EB-3 visa is better than other types of employment-based visas because it requires fewer documents and has more flexible requirements. However, there are some drawbacks associated with the Eb-3 program as well. Due to backlogs in some nations, it can take years to complete and accept an application, making it impossible for someone to seek a job swiftly. Additionally, those who hold an EB-3 visa may find it more difficult than others to increase their pay rate or get promotions because they are tied to their sponsoring organization’s labor certification process.

Even with these limitations, the EB-3 visa can allow people to stay in the US for a long time and progress in their professions. Overall, applicants and employers must comprehend this visa category’s requirements to make informed immigration decisions.

Job Offer From a U.S.-Based Company

To apply for an EB-3 visa, you must have a job offer from an employer in the United States. U.S. workers must have a legitimate employment offer from an employer who needs their skills. It’s important to show that the job is part of the permanent labor certification program, and it should be hard for a person who already lives in the country to do.
Some applicants may not have to show proof of a job offer, though. For example, if they have a lot of knowledge or experience in a field, or if they have extraordinary skills or talent in their field, they may not have to. This could mean showing extraordinary talent, getting awards or recognition for accomplishments in their field, or becoming known for their contributions in their field. This is more likely to happen if applicants apply under rules that are different from national and state laws, so it is important to talk to an immigration lawyer about any possible exemptions that apply to specific situations. 

To be eligible for an EB-3 visa, this application must also prove that the job offered is full-time and permanent and show that the applicant has the skills needed to do the job. To be eligible for an EB-3 visa, this application must also prove that the job offered is full-time and permanent and show that the applicant has the skills needed to do the job.

Spouses and Children of Employees May Apply With Petitioner

The best thing about the EB-3 visa is that petitioners who are married can apply for their spouse and children at the same time as the main employee. This means that no separate petitions are needed. Because of this, it can help many families who want to move together. In addition, if an applicant has already been living in the U.S., they may also use their existing, approved application for the foreign-born dependent status.

Still, the spouse rules and dependent applications are complicated and change based on the situation. For example, if dependents were listed on the original application but had to travel abroad after entering the country legally, they would have to go through the “visa revalidation” process so that they didn’t stay longer than they were supposed to. Also, it can be hard for family members to get permission to work illegally if the Department of Homeland Security (DHS) or U.S. Citizenship and Immigration Services (USCIS) doesn’t spell out certain conditions.

As a result, applicants must take great care to understand these matters thoroughly before filing any form of a petition related to their EB-3 visa. Because not following these steps could lead to serious immigration penalties and put everyone at risk, it is important to talk to a lawyer before moving forward with the application process.
All of this being said, these visa requirements are a great chance for people to get back together with family members and work in the U.S. in a meaningful way. With careful preparation and oversight from professionals, applying for an EB-3 visa with family members can be a much more manageable process than many anticipate.

EB-3 Visa Frequently Asked Questions

Are there any special requirements for applicants for an EB-3 visa from certain countries?

Yes, there are special requirements for applicants for an EB-3 visa from certain countries. For example, South Africa has a Provisional Visa Program in place that aids in the employment of foreign workers. This program allows those from South Africa to apply for an EB-3 visa without having a job offer from an employer. In addition, those from India and China must possess an Advanced Degree or its equivalent for their application to be approved. Furthermore, applicants from other countries outside the United States must meet a variety of criteria depending on their country of origin as well as the type of visa sought. Therefore, it is important to research the requirements of a particular visa before beginning the application process.

How long is the process to apply for an EB-3 visa?

The time frame for applying for an EB-3 visa depends on your circumstances. Generally speaking, the process can take anywhere from 6 months to a year, depending on backlogs at US Citizenship and Immigration Services (USCIS). This includes the time it takes to send in your application, go through any necessary interviews, and find out if you were accepted or not. It is important to note that while the process may not always be as quick as you would like it to be, by taking all the necessary steps you can increase your odds of success.

What documents are needed to apply for an EB-3 visa?

To get an EB-3 visa, the applicant will need to give U.S. Citizenship and Immigration Services (USCIS) several documents. These documents include:

  1. A copy of a valid passport showing current legal authority to be in the United States (if applicable)
  2. A completed and signed Form I-140, Immigrant Petition for Alien Worker
  3. Proof of any relevant academic credentials, such as a college or university degree, if applicable
  4. Proof of any training, experience, certifications, or licenses that are important for the job.
  5. English competence (if applicable)
  6. Evidence that the individual has the financial resources to pay for all associated costs of living in the United States (if required)
  7. Any other paperwork that USCIS or representatives from the U.S. State Department who are processing the application may think is important.

It’s important to remember that each country may have different rules about who can get an EB-3 visa, so it’s best to talk to a qualified lawyer for help with any additional requirements that are specific to your situation.

Contact the Leading Immigration Lawyer in Atlanta, GA

Elliott Immigration Law in Atlanta, GA, is committed to assisting immigrants with the visa application and interview process. We provide immigration solutions for businesses, investors, and families, as well as naturalization and citizenship. We have years of knowledge and competence in immigration law, and each immigration attorney will go over each stage of the procedure with you so that nothing surprises you. Call us at (404) 890-0372 to schedule your consultation with our experts.

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