Corporations / Employees
EB-3 Skilled Professional
Eligibility CriteriaSkilled workers: You must prove that you possess two years of work experience, training, and education to meet the job requirements specified on the labor certification. You must be performing work for which no qualified US workers could be found. Both a full-term job offer, and official labor certification are required to apply for this category.
Professionals:It is necessary to have a US baccalaureate or foreign-equivalent degree relevant to the occupation. Experience and education cannot be substituted for a baccalaureate degree. You must perform work for which domestic qualified workers are not available. Again, a permanent job offer and labor certification are both necessary to pursue this option.
Unskilled workers: You must be able to perform the described unskilled labor, and said labor cannot be seasonal or temporary (those types of jobs are covered by a different visa category). These positions require less than 2 years of experience and training. A full-time job offer and labor certification are required.
Application processThe process to apply for the EB3 visa involves a number of steps.
PERM Labor Certification
You will first need to find an employer who is interested in hiring you and willing to file a petition on your behalf. The employer must show that they have failed to hire a US worker meeting the job requirements. The employer will need to place advertisements for the prospective jobs in regionally appropriate media and certify to the Department of Labor that no qualified or willing US workers applied for the position. The DOL then verifies if the applicant possesses the needed skill that have proven unobtainable in the domestic market. The US employer should provide evidence that the employment of the applicant will not affect US workers. In most cases, it takes 120-180 days to complete this process, unless it is selected to be audited by the DOL.
Form I-140 Immigrant Petition for Alien Workers
After the PERM labor certification is approved, the next step is to submit Form I-140 to USCIS. This is the petition filed by the US employer on behalf of the foreign worker. The US employer can expedite the process by requesting the premium processing service, in which case a response will be received in less than 15 days. If the USCIS has concerns about the petition, they might render a notice for RFE (Request for Evidence), which will slow down the process. RFEs on Form I-140 are complex and should be handled by an expert immigration attorney.
Wait for the priority date to become current
When you submit the Form I-140 immigrant petition you will receive a priority date. After the I-140 is approved, you must until a visa is available based on the date of labor certification application was filed. There are a limited number of EB3 visas issued each year. Only 28.6% of the total 140,000 employment-based immigrant visas are made available, in addition to the unused Employment First and Second Preference visas. Your priority date will tell you when you can schedule your immigrant visa interview or apply for adjustment of status. You need to check the USCIS visa bulletin website to learn about the wait times.
Consular process or Adjustment of status
Once the Form I-140 is approved and the priority date is current, the next step is to apply for an immigrant visa or apply for an adjustment of status.
Apply for the immigrant visa:
If you are not in the US, you will need to apply for an immigrant visa by filing Form DS-260. You will eventually be allowed to schedule a visa interview at the US embassy in your native country. After successful completion of the process, the immigrant visa stamp will be added to your passport!
Apply for Adjustment of Status:
If you are lawfully present in the US under a nonimmigrant or temporary visa such as an H-1B, L-1, or E-2 visa, you are eligible to apply for adjustment of status by filing Form I-485 with USCIS. This process generally takes four to six months. This is only available to those that have an existing nonimmigrant status to adjust are currently present in the United States.
Family of EB-3 Visa holdersIf your I-140 application is approved, your children below 21 years of age and spouse might be eligible to apply for admission to the US in one of the following categories:
E34 spouse of a “skilled worker” or “professional”
EW4 spouse of an “other worker”
E35 child of a “skilled worker” or “professional
EW5 child of an “other worker”
The for securing an EB-3 visa is very complex and involves a lot of paperwork and legal formalities. It is best to seek assistance from an EB3 immigration lawyer, like the attorneys at Rijal Law Firm. We will help in completing the application process, including the labor certification. If you have a qualified job offer, contact Rijal Law firm and take your first step towards Permanent Residency in the United States.