The EB-3 Employment-Based Immigrant Visa: Pathway to US Permanent Residency

July 3, 2024

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The EB-3 Employment-Based Immigrant Visa: Pathway to US Permanent Residency

The EB-3 employment-based immigrant visa is one of the most commonly used pathways for foreign nationals to obtain a green card and become permanent residents of the United States. This visa category is designed for skilled workers, professionals, and unskilled workers who have been offered a permanent job in the U.S.

Eligibility Requirements

To qualify for the EB-3 visa, applicants must meet the following requirements:

  1. Job Offer: Applicants must have a permanent, full-time job offer from a U.S. employer.
  2. Minimum Education/Experience: Applicants must meet the minimum education and/or experience requirements for the job, as determined by the U.S. Department of Labor.
    • EB-3 (A) – Skilled Workers: Applicants must have at least 2 years of work experience or training in the job.
    • EB-3 (B) Professionals: Applicants must have a bachelor’s degree or higher.
    • EB-3 (C) Unskilled Workers: Applicants must be capable of performing unskilled labor.
  1. Labor Certification: The U.S. employer must obtain a labor certification from the Department of Labor, which confirms that there are no available U.S. workers for the position.

Application Process

The EB-3 visa application process typically involves the following steps:

  1. Labor Certification: The U.S. employer must obtain a labor certification from the Department of Labor.
  2. I-140 Petition: The employer must file an I-140 Immigrant Petition for Alien Worker on the applicant’s behalf.
  3. Visa Availability: Once the I-140 petition is approved, the applicant must wait for a visa to become available in the EB-3 category.
  4. Adjustment of Status: If the applicant is already in the U.S., they can file for an adjustment of status to obtain a green card. If the applicant is outside the U.S., they must apply for an immigrant visa at a U.S. consulate.
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Benefits of the EB-3 Visa

The EB-3 visa offers several benefits for foreign nationals seeking to live and work permanently in the United States:

  1. Pathway to Permanent Residency: The EB-3 visa provides a direct path to obtaining a green card and becoming a permanent resident of the U.S.
  2. Family-Based Benefits: Successful EB-3 applicants can sponsor their spouse and unmarried children under the age of 21 for green cards as well.
  3. Employment Flexibility: EB-3 green card holders can change jobs or employers without having to re-apply for a new visa.
  4. Access to Public Benefits: EB-3 green card holders are eligible for various public benefits, such as Social Security, Medicare, and Medicaid.

Conclusion

The EB-3 employment-based immigrant visa is a popular and viable option for skilled workers, professionals, and unskilled laborers seeking to live and work permanently in the United States. By meeting the eligibility requirements and navigating the application process, foreign nationals can obtain a green card and enjoy the benefits of U.S. permanent residency.

Frequently Asked Questions (FAQs)

No, the EB-3 visa requires a job offer from a U.S. employer. The employer must demonstrate the unavailability of qualified U.S. workers for the position.

The ability to change employers after obtaining the EB-3 visa depends on various factors. The American Competitiveness in the Twenty-First Century Act (AC21) allows EB-3 visa holders to change employers under certain circumstances, as long as they meet specific requirements.

Yes, you can include your spouse and unmarried children under 21 years old in your initial EB-3 visa application. They will be considered derivative beneficiaries.

While there is no fixed minimum salary requirement for the EB-3 visa, the employer must offer a wage that meets the prevailing wage for the occupation in the specific geographic area. The prevailing wage is determined by the U.S. Department of Labor.

Yes, you can apply for an EB-3 visa while in the U.S. on a valid nonimmigrant visa. If eligible, you can file Form I-485 to adjust your status to that of a permanent resident without leaving the U.S.

Yes, once you obtain the EB-3 visa and become a permanent resident, you can apply for green cards for your eligible family members through the appropriate process. This typically involves filing Form I-485 on behalf of each family member.

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