EB-3 Visa Cost Processing Time and Requirements

EB-3 Visa Cost Processing Time and Requirements

The EB-3 visa is an employment-based immigrant visa for foreign nationals who are seeking to become permanent residents in the United States. This visa category is generally for skilled workers, professionals, and other workers. For an individual to apply for an 

EB-3 Visa Sponsor

they need a U.S. employer to sponsor them.

Here’s a breakdown of the steps and key requirements:

1. Eligibility Categories:

  • Skilled Workers: Individuals with at least 2 years of training or experience in a job that requires such skills.
  • Professionals: Individuals with a U.S. bachelor's degree or its foreign equivalent, and the job requires a degree.
  • Other Workers: Unskilled workers for positions requiring less than 2 years of training or experience.

2. Sponsor (Employer):

A U.S. employer must act as the sponsor. They need to prove to the U.S. Citizenship and Immigration Services (USCIS) that they have a permanent job offer for you, and they must demonstrate that they cannot find a qualified U.S. worker for the position.

The sponsor must:

  • Submit a Labor Certification (PERM) to the Department of Labor (DOL), proving that there are no qualified U.S. workers available for the job.
  • File an I-140 Immigrant Petition for Alien Worker with USCIS.
  • Show they have the financial ability to pay the offered wage.

3. Employer's Role:

  • Labor Certification (PERM): The employer must first file this with the Department of Labor (DOL), showing they have tried to recruit U.S. workers and were unsuccessful.
  • I-140 Petition: After receiving labor certification approval, the employer files the I-140 petition to USCIS, requesting permanent residency for the foreign worker.

4. Priority Date & Visa Bulletin:

The EB-3 visa is subject to annual limits. Your “priority date” (the date the labor certification or I-140 petition is filed) determines your place in the queue for a visa. You can track your priority date through the Department of State’s Visa Bulletin to see when you can move forward with your application.

5. Adjustment of Status (If Inside the U.S.):

If you are in the U.S. on a different visa, once your priority date is current, you can apply for adjustment of status (Form I-485) to become a lawful permanent resident.

6. Consular Processing (If Outside the U.S.):

If you are outside the U.S., once the I-140 is approved and the priority date is current, you will go through consular processing at a U.S. embassy or consulate to obtain your immigrant visa.

The key to the EB-3 visa is finding an employer willing to sponsor you and going through the necessary steps in the process. If you’re looking for a sponsor, networking, applying to job postings, and connecting with U.S. employers who are familiar with the EB-3 process is a good start.

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