Applying for an EB-3 visa is important if you want to apply for a job in the US and you are not a US citizen. Skilled workers and professionals are able to apply for this visa to ensure that they are able to perform skilled labor for a set period of time in the US. There are often training and experience requirements that are part of the requirements for this visa that you need to be aware of as well.
Looking for information about how to apply for an EB-3 visa can be confusing. There are lots of sources that are official in nature, but they can offer a lot of additional information that might lead you astray. This guide will help you to narrow down your focus so that you can be prepared to apply for this visa for your needs.
What is an EB-3 Visa?
An EB-3 visa is for skilled workers who are trained to do skilled labor and whose jobs will require at least two years of training or experience. Seasonal workers cannot be EB-3 workers or temporary workers. Skilled workers are those with relevant post-secondary education, training, or job experience that makes them eligible for jobs that are not entry-level in nature.
Professionals who apply for this visa need to hold at least a US bachelor’s degree or a foreign degree of the same level. There are also instances where professional training and experience can replace these requirements. Unskilled workers can perform skills that require less training or education but still cannot hold temporary or seasonal jobs with this visa.
How to Apply for the EB-3 Visa
You need to follow the right process to apply for this visa or you might be turned down. Being sure to understand the complete process can help you to have a stress-free and successful experience when you apply.
1. Secure/ Interview For An Interview
You will need to locate a job in the US with specific requirements and demands that fit the requirements of this visa. Then your employer will need to submit a prevailing wage enquiry to the right employment agency. The employer will need to advertise these jobs in specific ways for applicants to be eligible for this visa. There are also certain deadlines and formal requirements associated with the employer side of this visa process.
There are sub-categories of this visa, and employers need to know which sub-category the job fits into. The employer has to conduct interviews for these jobs and they have to be able to explain specifically why they did not hire anyone if they close a job posting without hiring.
2. Employer Submits a Petition for Your Visa
The I-40 petition can be submitted at this point to the US immigration authorities. There are deadlines that have to be met and approval with the Certification Application has to be secured.
3. Application for the EB-3 Card by the Employee
At this point, you can apply for a green card or an immigrant visa. There are two options to pursue:
- If you are already in the US legally, you can apply for an adjustment of status that will change your status from non-immigrant to immigrant.
- If adjustment is not possible, you will have to apply for an immigrant visa at a US Consulate outside the USA. There is an application fee and an immigrant fee that have to be paid as well for this process. The green card that you need will then be sent to a US address as part of the Visa process.
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What Are the Subcategories of an EB-3 Visa?
There are three subcategories of the EB-3 visa. You should be aware of these subtypes before you apply.
1. Skilled Workers
This labor certification requires at least two years of experience or training. You have to demonstrate that you have met the job requirements of the labor certification as well. You can prove this with academic records and letters from current or former employers. Post-secondary education can be considered to be training for this kind of visa.
2. Professionals
The labor certification or application for Schedule A designation must require at least a US bachelor’s or foreign degree equivalent. You have to prove that you have met the job requirements specified on the labor certification as well. This can be academic records or letters from current or former employers. Education and experience cannot be substituted for the degree requirement.
3. Unskilled Workers
This labor certification has to require two years or less experience or training. You only need to demonstrate that you have met the specific requirements for the labor certification in this case.
All of these sub-categories are still for full-time jobs. You cannot be a seasonal or temporary hire for any of the categories under the heading of the EB-3 visa. Be sure that you understand this aspect of applying for this visa so that you do not run into roadblocks when you are looking to start your US-based job.
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Understanding How to Apply for the EB-3 Visa is Critical
If you are looking at working in the US with a green card and you have the skills and the required education, you might need to apply for the EB-3 visa. There is a specific process that needs to be followed in order to apply for this visa, and you cannot skip steps in the process and be allowed to start your job in the US.
You might also need to explore the process of securing a visa for family members, which can be linked to your visa. This is done by petition in most cases unless your spouse or older adults in your family are also applying for the EB-3 visa through their own employer.
Knowing the process of getting this kind of visa is critical so that you can be sure that you are following the right steps as you apply. Always communicate with your employer about the visa process, as they are heavily involved in the early stages of this kind of application,
