EB-3 visa

EB-3 is a visa preference category for United States employment-based permanent residency. It is intended for "skilled workers", "professionals", and "other workers".[1] Those are prospective immigrants who don't qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog may be longer. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer.[2] There is no "self-petition" category.[3]

Eligibility criteria

The EB-3 category has three subcategories: EB-3A, Professionals; EB-3B, Skilled Workers; and EB-3C, Other Workers.[4] For each, eligibility requirements include:

  • a Permanent Labor Certification
  • a permanent, full-time job offer
  • ability to demonstrate that the applicant will be performing work for which qualified workers are not available in the United States.

Separate requirements for each category are:

  • Skilled workers - must be able to demonstrate at least 2 years of job experience or training
  • Professionals - must possess a U.S. baccalaureate degree or foreign degree equivalent, and must demonstrate that a baccalaureate degree is the normal requirement for entry into the occupation. Education and experience may not be substituted for a baccalaureate degree.
  • Other workers - must be capable, at the time the petition is filed by the sponsoring employer, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Quotas

As of September 2012, the Department of State determined that the FY-2012 numerical limit for the worldwide employment-based preference must be 144,951, and the per-country limit must be 7% of the worldwide cap, regardless of the population of the country (this explains the enormous backlog for India and China). Out of this, the EB-3 category is limited to 28.6% of the worldwide level, plus any numbers not used by EB-1 and EB-2 ("spillover"), and with not more than 10,000 for "other workers".[5]

Application

The application process begins with obtaining a Permanent Labor Certification, by submitting ETA Form 9089. The applicant does not need to be employed when the labor certification is filed; a future job offer is sufficient.[6] The labor certification will accompany the actual application, the Petition for Alien Worker (Form I-140), which will confirm the applicant's [States under E34, E35, EW4 or EW5 visas.[1] During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to EB-2.[3][7]

As of February 2016, the Department of State application processing fee for employment-based immigrant visas is US$345.[8] The fee for the USCIS Immigrant Petition for Alien Worker (form I-140) is US$700.[9] Other costs include medical examination and, if applicable, required vaccinations; translations; fees for obtaining supporting documents such as passport, police certificates, birth certificates, etc.[citation needed]

See also

References

  1. ^ a b "Employment-Based Immigration: Third Preference EB-3". USCIS. Archived from the original on 2013-09-08. Retrieved 2012-08-23.
  2. ^ "The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition". Employment-Based Immigrant Visas. Bureau of Consular Affairs. Archived from the original on 15 September 2012. Retrieved 27 August 2012.
  3. ^ a b "Employment Based Green Cards". ImmInfo.com. Archived from the original on 2011-11-21. Retrieved 2012-08-23.
  4. ^ "Employment-Based Immigration: Third Preference EB-3 | USCIS". 2 December 2020.
  5. ^ "Visa Bulletin For September 2012". Bureau of Consular Affairs. 2012-08-23. Archived from the original on 2012-08-15. Retrieved 2012-08-23.
  6. ^ "EB-3 Bachelor's degree, Skilled Workers". 2009-02-02. Archived from the original on 2022-06-28. Retrieved 2012-08-23.
  7. ^ "EB-3 vs. EB-5 Visa". Monday, 4 March 2019
  8. ^ "Fees for Visa Services". Bureau of Consular Affairs. Archived from the original on 2017-08-12. Retrieved 2016-02-08.
  9. ^ "Check Filing Fees". Department of Homeland Security. USCIS. Retrieved 2016-02-08.