EB-3 Immigrant Visa Program: A Comprehensive Guide to Employment-Based Immigration
The EB-3 immigrant visa program is an employment-based immigration option that provides a pathway for skilled workers, professionals, and other workers to obtain permanent residency (i.e. a green card) in the United States. In this blog post, we delve into the eligibility criteria, application process, and priority dates associated with the EB-3 green card category, offering valuable insights for individuals seeking employment-based immigration opportunities.
Eligibility Criteria for EB-3n Immigrant Visa Categories:
- Skilled Workers: You may be qualified as a skilled worker under the EB-3 green card category if you have–and your position requires–at least two years of work experience or training in your respective field.
- Professionals: You may be qualified for an EB-3 green card if you are a professional who holds a U.S. bachelor’s degree or its foreign equivalent and whose occupation requires such a degree.
- Other Workers: The EB-3 visa program includes a category for “other workers,” which encompasses positions that require less than two years of experience or training.
Application Process for EB-3 Visas:
- Labor Certification: The first step in the EB-3 visa application process requires your employer to recruit for other qualified workers. Then, if the employer does not find a qualified worker, the employer requests a labor certification from the U.S. Department of Labor (DOL).
- Form I-140 Petition: Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The date that USCIS receives the I-140 Petition is your priority date. You will memorize this date because it will be the date that will determine when the government will be able to approve your green card
Priority Dates and Visa Bulletin:
Each month you will check the U.S. Department of State’s monthly Visa Bulletin that lets you know which cases USCIS and the embassy can approve. For example, if the Visa Bulletin gives a “Final Action Date” for EB-3 cases filed before 01JAN2001. If your priority date is before 01JAN2001, then your green card case can proceed. If your priority date is after 01JAN2001, then you cannot get your green card approved. You may be able to FILE your green card application, if your date is before the “date for filing.”
Applicants with priority dates that are earlier than the “Final Action Dates” listed in the Visa Bulletin are eligible to apply for adjustment of status or consular processing to obtain their green cards. Those with priority dates that are later than the listed dates must wait until their priority dates become current before proceeding with their applications.
To Sum It Up!
The EB-3 immigrant visa program could be your ticket to a US green card. It is a long process that requires an employer who really wants to keep or get you on the job. If you and your employer are considering applying for an EB-3 immigrant visa, get in touch with our team. We are here to help you achieve your employment-based immigration goals and realize your American dream.
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