1. What is an EB-3 visa?

An EB-3 visa is a U.S. work visa that allows foreign nationals to enter the U.S. for permanent employment. This type of visa is commonly referred to as a “third preference” or “skilled worker” visa because applicants must have at least two years of experience in a particular profession or trade. Additionally, the job must be considered a “professional” position that requires a minimum of a bachelor’s degree or equivalent work experience in order to perform the job duties.

2. What is the process for applying for an EB-3 visa?

The process for applying for an EB-3 visa is as follows:

1. You must file a Labor Certification Request with the US Department of Labor (DOL).

2. If your request is approved, you must submit an immigrant petition to the US Citizenship and Immigration Services (USCIS).

3. You must apply for a visa at the US Embassy or Consulate and undergo an interview with a consular officer.

4. Once approved, you will receive an EB-3 visa.

3. What are the requirements to qualify for an EB-3 visa?

The requirements to qualify for an EB-3 visa include the following:
# A job offer from a US employer
# The job must require at least two years of experience or training
# The job must be in a specialty occupation and must require a minimum of a bachelor’s degree or its equivalent
# The foreign national must possess the required qualifications, including the education and experience level necessary to perform the job duties.
# Proof of the foreign worker’s ability to perform the job duties, such as a valid license or certification.
# The US employer must obtain a labor certification from the Department of Labor (DOL) for the position that has been offered to the foreign worker.

4. How long is an EB-3 visa valid for?

An EB-3 visa is valid for a period of up to 10 years.

5. What are the advantages of getting an EB-3 visa?

The advantages of an EB-3 visa include:

1. Longer validity period—EB-3 visas are valid for up to 10 years, compared to a maximum of 6 years for other employment-based visa categories.

2. Family members—spouses and unmarried children under the age of 21 can accompany you to the US on an EB-3 visa.

3. Lower qualifications—you must have either two years of experience or a US bachelor’s degree, making it easier for those without a higher education to qualify.

4. Fast processing—it usually takes one to two years for an EB-3 visa to be processed, whereas EB-1 and EB-2 visas can take up to 10 years.

5. Permanent residence—once you’ve had your visa for five years, you may be eligible for permanent residence in the US.

6. What types of jobs qualify for an EB-3 visa?

EB-3 visas are reserved for professionals, skilled workers, and unskilled workers. Professionals must have at least a U.S. bachelor’s degree or a foreign degree equivalent, as well as a full-time job offer from a U.S. employer. Skilled workers must have at least two years of work experience and a full-time job offer from a U.S. employer. Unskilled workers may qualify if they can demonstrate that no qualified U.S. workers are available for the job and they have a full-time job offer from a U.S. employer.

7. How much does it cost to apply for an EB-3 visa?

The cost for the application for an EB-3 visa is $345. This fee includes the USCIS Immigrant Fee, which must be paid after the visa has been approved. Additionally, applicants may also have to pay a variety of other fees such as Visa Application fee and an Affidavit of Support fee.

8. How long does it take to process an EB-3 visa application?

On average, it takes approximately 8-10 months to process an EB-3 visa application. This timeline may vary depending on the individual case and the availability of required documents.

9. Is it possible to extend or renew an EB-3 visa?

Yes, it is possible to extend or renew an EB-3 visa. The U.S. Citizenship and Immigration Services (USCIS) can grant extensions in certain cases and circumstances. However, the decision to extend or renew an EB-3 visa ultimately lies with USCIS.

10. Are family members allowed to accompany the EB-3 visa holder?

Yes. The family members of an EB-3 visa holder are allowed to accompany the visa holder. The family members are eligible to apply for a dependent visa (known as the Derivative visa or TD visa). The family members will need to prove a close family relationship to the visa holder such as being the spouse or a minor child. Eligible family members can include spouses and unmarried children under the age of 21.

11. Are there any restrictions on how many EB-3 visas a person can hold in a year?

No, there are no restrictions on how many EB-3 visas a person can hold in a year.

12. Is it possible to change employers while holding an EB-3 visa?

Yes, it is possible to change employers while holding an EB-3 visa. The employer who initially sponsored you must file a new labor certification and Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). If the new employer is unable or unwilling to file a labor certification and Form I-140, you must return to your home country to apply for a new visa.

13. Does the employer need to file a petition for an EB-3 visa?

Yes, the employer must file a petition for an EB-3 visa. The petition must be filed with the U.S. Citizenship and Immigration Services (USCIS). The petition must include detailed information about the position, the employee, and the employer.

14. Are there quotas or limits on the number of people who can receive an EB-3 visa?

Yes, there are quotas or limits on the number of people who can receive an EB-3 visa. The total number of visas is limited to 40,040 per fiscal year, with 10,000 of those allocated for individuals from any single country.

15. How does the labor certification process work for an EB-3 visa application?

The labor certification process for an EB-3 visa application is a multi-step process. The first step is for the employer to submit an Application for Permanent Employment Certification (ETA Form 9089) to the U.S. Department of Labor/Employment and Training Administration (DOL/ETA) with the required supporting documentation. The employer must demonstrate that there are no qualified, available, and willing U.S. workers to fill the position being offered at the prevailing wage, and that hiring an immigrant worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. If approved, the DOL/ETA will issue an Employment Certification to the employer, which is then attached to the immigrant worker’s Form I-140 Petition for Alien Worker. The second step is for the employer to submit the approved Form I-140 Petition along with required documents to U.S. Citizenship and Immigration Services (USCIS). Upon approval, USCIS will issue an immigrant visa number to the foreign worker, which is then used in conjunction with a valid passport to apply for a visa at a U.S. Embassy or Consulate abroad.

Once the foreign worker is issued a visa, they can travel to the United States and seek entry as a lawful permanent resident (LPR). Upon successful admission into the U.S., they will receive their permanent resident green card in the mail within 90 days of admission into the United States.

16. What documents must be submitted as part of an EB-3 visa application?

The documents that must be submitted as part of an EB-3 visa application include a valid passport, DS-160 Application Form, proof of English language proficiency, Employment Authorization Document (EAD), labor certification from the U.S. Department of Labor, a copy of the job offer letter from the employer, educational diplomas and transcripts, resume, evidence of specialized training or expertise, medical examination results, and photographs.

17. Are there any restrictions on the duration of employment once the worker has obtained the EB-3 visa?

No, there are no restrictions on the duration of employment once the worker has obtained the EB-3 visa. The worker’s sponsoring employer is responsible for ensuring that the worker remains employed throughout the duration of their EB-3 status. Additionally, EB-3 visa holders may apply for permanent residency status while in the U.S., which may offer additional benefits and job security.

18. Is it possible to convert or upgrade to another type of work visa after obtaining an EB-3 visa?

Yes. The EB-3 visa can be converted or upgraded to another type of work visa if the applicant meets the eligibility requirements of the new visa. The most common type of work visa that EB-3 holders may be eligible for is an EB-2 visa.

19. Can I apply for permanent residency if I have an EB-3 Visa?

Yes, depending on the specific requirements of your visa, you may be able to apply for permanent residency through the EB-3 visa. To determine if this is an option for you, it is best to speak with an immigration attorney.

20. Are there any other benefits available when I have an EB-3 Visa?

In addition to the benefits of having an EB-3 Visa, you may also be eligible for permanent residence in the United States. As a permanent resident, you will be able to apply for U.S. citizenship after certain requirements have been met. You may also be eligible for Social Security benefits, Medicare, and Medicaid. Additionally, you will be able to apply for certain types of federal financial assistance.