The United States provides a variety of employment-based visas that allow workers to legally live and work in the U.S. If this is something you are interested in, one of the many options provided is EB-3 third preference visas for skilled workers, professionals, and unskilled workers. However, before you Start the application process, you need to understand the EB-3 visa eligibility requirements and application process. Here is everything you need to know about EB-3 third preference employment-based visas and the EB-3 eligibility criteria.
Employment-Based Immigration Third Preference EB-3 Visas
Even though there are a variety of employment-based visa options that allow immigrants to come to the United States to work, many of them have specific eligibility requirements. Because of this, you need to do your research before starting the application process to ensure you’re applying for the correct type of visa.
The EB-3 third preference visa is specifically designed for skilled workers, professionals, and unskilled workers. If you meet the qualifications, it can be a very beneficial visa to apply for as it allows you to live and work permanently in the U.S. It also allows you to bring immediate family members to the United States and you could eventually become a U.S. citizen.
Visa EB-3 Requirements and Eligibility
Since the EB-3 visa has three different categories of workers it applies to, it has three different sets of eligibility requirements. So, you will need to understand what sub category you fit into to better understand the requirements you have to meet before applying.
- Skilled workers: Skilled workers need to have at least two years of job experience or two years of training and must hold a job offer from a United States employer who has received PERM certification.
- Professionals: Those who are in the subcategory of professionals need to possess a U.S. bachelor’s degree or a foreign equivalent and have a job offer from a United States employer that requires a bachelor’s degree or higher degree.
- Unskilled workers: The subcategory for unskilled workers or other workers requires you to be capable of performing on skilled labor that requires less than two years of experience or training. You must also have a job offer from a United States employer who has received PERM certification.
Before starting the application process, it is a good idea to take the additional step of hiring an immigration attorney for your case. An attorney can help you decide which subcategory you fit into and can help you locate critical pieces of documentation to prove your eligibility.
Applying For an Employment Third Preference Visa
Although the process of meeting the EB-3 category requirements can feel intimidating, the actual application process is not overly difficult. This process can be broken down into three steps; however, you will need the help of your employer before you proceed.
It is also highly recommended that you hire an immigration attorney to help you with this process to improve your chances of approval. Employment based visas can be tricky and an immigration attorney can help you every step of the way, ensuring you have done everything correctly and provide enough documentation.
Here are the different steps to take when applying for an EB-3 third preference visa:
- PERM certification: Before you apply for an EB-3 visa, your employer, who is sponsoring you, will need to obtain PERM labor certification from the U.S. Department of Labor. The purpose of PERM labor certification is to prove that your employer could find no qualified U.S. workers who could take the job you would be taking if you got the visa.
- Form I-140 petition: Once your employer has obtained PERM labor certification, they can file form I-140 on your behalf. Form I-140 proves that you meet the EB-3 category requirements, which makes you eligible for an EB-3 visa. Supporting documentation also needs to be submitted with this petition as additional proof.
- Visa application: If the USCIS approves form I-140, you can then start the process of applying for a visa. If you are applying from outside the United States, you need to apply for an immigrant visa at an embassy or U.S. consulate in your home country. However, if you are already in the United States using a different non-immigrant visa, you will need to file to adjust your status with form I-485.
When it comes to the processing times, the current average for form I-140 is 7.6 months. When you become eligible for a visa, those who are already in the US will need to apply to adjust their status, which can take anywhere between 6 to 32 months to process. If you are outside of the United States, there is no average processing time, as you will need to go through concealer processing with a U.S. Embassy or consulate in your home country.
Approval Process
There are certain things about the approval process for a third preference EB-3 visa that you will need to be aware of before you begin this process. For instance, when form I-140 is filed, you will receive a priority date, which is what puts you in line for a visa number.
A visa bulletin is published monthly by the U.S. Department of State and showcases these priority dates and visa numbers. The visa bulletin will help you to know when you can proceed with your application, which is why it is essential that you stay up to date as only a limited number of visas are available each fiscal year.
There’s no specific wait time when it comes to visa availability as there are many factors that can impact this. For instance, your country of origin can have a significant impact on how long this takes, especially if EB-3 visas are in demand in your country.
Hire an Immigration Attorney Today
Do you want to start the application process for an EB-3 third preference visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
