U.S Visa: EB-3 Employment Based Immigration 2022

Do you have a U.S. employer willing to sponsor your employment in the United States? If so, you may be interested to learn more about the EB-3 employment-based category for skilled workers, professionals, or other unskilled workers. The EB-3 is the most common employment sponsorship category to start work in the United States. In this video, we will cover the EB-3 requirements, application process, and other important information you may want to know.

Did you know? The EB-3 comprises 3 sub-categories of foreign nationals: (1) skilled workers, whose jobs require a minimum of 2 years training or experience, and must meet the educational, training, or experience requirements of the job opportunity (2) professional workers whose job requires at least a U.S. baccalaureate or foreign equivalent degree and (3) other workers, performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Want to learn more? Just keep on watching.


Overview


What is EB-3?


The EB-3 is an employment-based category for United States permanent residency. It is intended for “skilled workers,” “professionals,” and “other [unskilled] workers.”

Unlike persons with extraordinary abilities as in the EB-1 category, EB-3 applicants require a sponsoring U.S. employer to complete a labor certification process. There is no “self-petition” category under EB-3. You must have a permanent, full-time job offer from a U.S. employer and your employer must file a labor certification application on your behalf.

The EB-3 requirements are less stringent when compared to the EB-1 and EB-2 categories, typically reserved for individuals that can demonstrate extraordinary achievements (EB-1) or exceptional ability in a field that is in the national interest (EB-2).


What are the EB-3 requirements?


As mentioned, there are 3 sub-categories of the EB-3 including “skilled workers,” “professionals,” and “unskilled (other workers.” In order to qualify, applicants of all 3 sub-categories must have a permanent, full-time job offer from a U.S. employer. We discuss the requirements of each in turn.

  1. Skilled Workers

In order to qualify:

  • You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.
  • Relevant post-secondary education may be considered as training.
  • You must be performing work for which qualified workers are not available in the United States.
  1. Professional Workers

  • You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.
  • You must be performing work for which qualified workers are not available in the United States.
  • Education and experience may not be substituted for a baccalaureate degree.
  • You must meet any other requirements specified on the labor certification.
  1. Unskilled (Other) Workers

  • You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.
  • You must be performing work for which qualified workers are not available in the United States.
  • You must meet any other requirements specified on the labor certification.
  1. Nurses, Healthcare Workers

Healthcare workers such as nurses and physical therapists also qualify under the EB-3 category but are exempt from the labor certification process due to healthcare worker shortage.


What is the application process to apply for the EB-3 green card?


The EB-3 application process can best be summed up in two stages.

First, the U.S. employer must file an individual labor certification from the Department of Labor (DOL) on Form ETA-9089. This is to ensure that the admission of the foreign worker will not adversely affect the job opportunities, wages and working conditions of U.S. workers.

The labor certification process requires the U.S. employer to test the job market by placing advertisements in different publication sources, and then based on the demand, the U.S. employer will be able to demonstrate to immigration, that there are no U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment.

One of the most important parts of the PERM labor certification process is that the employer must obtain a prevailing wage determination from the Department of Labor. The prevailing wage is the future wage that the employer must pay the worker in the position offered, for the area of intended employment, once they receive their green card. The U.S. employer must be prepared to demonstrate that they can pay the worker the required wage, otherwise the labor certification application may be denied.

Currently, the labor certification process can take anywhere from 9 to 12 months provided no audit takes place.

Second, once the PERM labor certification application has been approved by the Department of Labor, the employer can file Form I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS).

Those lawfully residing inside the United States, may file Form I-485 Application to Register Permanent Residence with Form I-140 concurrently, but only if the applicant’s priority date is current, pursuant to the Visa Bulletin.

Those residing overseas must wait for approval of the I-140 Immigrant Petition, before they can obtain their immigrant visa at a U.S. Consulate abroad.


EB-3 Dependent Family Members


If your I-140 petition is approved, you may bring your spouse and unmarried children under the age of 21 to the United States as your dependents. If your family members are lawfully residing inside the United States, they can file Form I-485 along with you. Dependents residing overseas can apply for an immigrant visa at a U.S. Consulate abroad as soon as the I-140 petition is approved.


The Takeaway


As you can see, the EB-3 immigrant visa category is much less strict when compared to the EB-1 and EB-2 categories, however a permanent full-time job offer is necessary from a U.S. employer, and the U.S. employer must be willing to sponsor your immigrant petition and undergo the labor certification process. The EB-3 category does not allow self-petitions.

If you would like more information about the EB-3 category, please click here.


Want to know if you’re eligible? If you would like to schedule a consultation to see if you are eligible for EB-3, please text 619-483-4549 or call 619-819-9204.


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