U.S. Citizenship and EB-3 Skilled Workers

1. What is the criteria for obtaining U.S. Citizenship?


In order to obtain U.S. Citizenship, an individual must meet certain criteria. These include: having a green card for at least five years, being at least 18 years of age, being a person of good moral character, having knowledge of the English language, and having a basic understanding of U.S. government and history. Additionally, the individual must pass both a written test and an interview.

2. How long does it take to become a U.S. Citizen?


The amount of time it takes to become a U.S. Citizen can vary depending on the individual’s circumstances. Generally, the process can take anywhere from 6 months to several years. The time frame is dependent on the type of application one is filing and their individual situation.

3. How can I apply for U.S. Citizenship?


In order to apply for U.S. Citizenship, you must first become a permanent resident by obtaining a Green Card. Once you have been a permanent resident for at least five years (or three years if you are married to a U.S. citizen) you can apply for naturalization. The application process includes passing an English and civics test, attending an interview with a U.S. Citizenship and Immigration Services (USCIS) officer, and taking an oath of allegiance to the United States.

4. What are the benefits of becoming a U.S. Citizen?


There are a number of benefits associated with becoming a U.S. Citizen, including:
1. The right to vote in U.S. elections.
2. The right to run for public office in the United States.
3. The right to receive certain form of government aid and other social services.
4. The right to sponsor family members for immigration and permanent residency in the United States.
5. The right to travel freely with a U.S. passport.
6. The right to live and work anywhere in the United States without fear of deportation or removal from the country.
7. The right to obtain citizenship for children born in the United States, regardless of their parents’ citizenship status.
8. Protection from certain forms of discrimination and harassment because of citizenship status.

5. What documents do I need to provide when applying for U.S. Citizenship?


In order to apply for U.S. citizenship, you will need to provide the following documents:

-Proof of identity (Passport or birth certificate)
-Proof of legal entry into the United States (Visa, I-94, or green card)
-Proof of residence in the United States (Resident alien card or address records)
-Proof of physical presence in the United States (Employment records, tax returns)
-Certificate of Naturalization or Proof of U.S. Citizenship (If applicable)
-Proof of good moral character (Background check, letters of reference, etc.)
-Proof of English language ability (Test scores, certificates of completion, etc.)
-Evidence of knowledge of U.S. civic and history (Test scores, certificates of completion, etc.)

6. What is the naturalization process for U.S. Citizenship?


The naturalization process for U.S. Citizenship involves the following steps:

1. Determine eligibility.
2. Complete the Application for Naturalization (Form N-400).
3. Attend an interview with an immigration officer.
4. Take the English and civics tests, if required.
5. Submit additional documentation if needed.
6. Attend a ceremony to take the Oath of Allegiance to the United States and receive a certificate of naturalization.

7. What is the EB-3 visa program?


The EB-3 visa program is an employment-based visa category for foreign nationals who seek lawful permanent residence in the United States. This program allows foreign nationals with an offer of employment to apply for a green card, provided that they can demonstrate that they possess a permanent job in the United States and meet the criteria outlined in the regulations. This includes professionals with at least a Bachelor’s degree, skilled workers with at least two years of experience in their respective field, and unskilled workers with less than two years of experience.

8. What are the eligibility requirements for the EB-3 skilled worker visa?


The eligibility requirements for the EB-3 Skilled Worker Visa are as follows:

1. The applicant must be a professional with a Bachelor’s degree or foreign equivalent.

2. The applicant must have at least two years’ experience in the field they are applying for.

3. The applicant must have an offer of full-time permanent employment from a U.S. employer.

4. The applicant must meet the job requirements for the position they are applying for.

5. The applicant must have proof of a license or certification in their field, if applicable.

6. The job offered must meet minimum wage requirements and the position must not negatively affect U.S. workers already in the same field.

9. How long does it take to receive an EB-3 skilled worker visa?


The processing time for the EB-3 skilled worker visa can vary depending on the individual case. Generally, it can take anywhere from 6 months to a year for the visa to be approved and issued.

10. How much does an EB-3 visa cost?


The EB-3 visa application fee is $345. In addition, there is a $190 filing fee, a $2,000 fraud prevention and detection fee, and a $500 American Competitiveness and Workforce Improvement Act fee. Additionally, other fees may apply if you are required to submit additional forms or attend an interview.

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


The EB-3 visa is for skilled workers, professionals and unskilled workers. It is intended for applicants who have at least two years of experience or training in a job that is classified as skilled or professional, and who are in a position to fill a labor shortage in the US. Skilled occupations can include but are not limited to: computer programmers, medical technicians, engineers, accountants, doctors, lawyers, architects, chemists, and teachers. Professionals include those with a bachelor’s degree or higher in their field of specialty. Unskilled workers are those who perform unskilled labor that requires less than two years of training or experience. Examples of unskilled occupations can include but are not limited to: construction laborers, agricultural workers, fruit pickers and factory workers.

12. What documents do I need to provide when applying for an EB-3 visa?


When applying for an EB-3 visa, you need to provide your passport and other relevant documents, such as a birth certificate, marriage certificate (if applicable), court or police records, evidence of financial resources, educational certificates, and any other documents to support your application. Additionally, you must provide two identical photos taken within 30 days of the filing the application, evidence of a job offer from a U.S. employer, and a statement from the employer detailing the duties of the job.

13. Are there any restrictions on how long an EB-3 visa holder can stay in the U.S.?


Yes, the EB-3 visa holder is allowed to stay in the U.S. for a maximum period of 10 years and must depart the U.S. before the visa expires. The visa holder also must be able to demonstrate that they have a valid reason to remain in the U.S. and that they are not intending to immigrate permanently.

14. Can I get an EB-3 visa if I have a criminal record?


Generally, if you have a criminal record, you may not be eligible for an EB-3 visa. However, the U.S. Citizenship and Immigration Services (USCIS) will evaluate each case on an individual basis. Therefore, depending on the circumstances of your criminal record and other factors, you may still be eligible for an EB-3 visa.

15. Is it possible to switch my status from an EB-3 visa to a permanent resident status?


Yes, it is possible to switch your status from an EB-3 visa to a permanent resident status. To do so, you must first apply for an immigrant visa through the U.S. Department of State or a green card through the U.S. Citizenship and Immigration Services (USCIS). The specific requirements for obtaining a green card vary depending on your situation, but generally, you will have to demonstrate that you meet the qualifications for a green card, such as having a job offer from a U.S. employer and meeting certain income requirements. Once you have applied for the immigrant visa or green card, you will need to attend an interview at the nearest U.S. embassy or consulate. If approved, you will be issued a permanent resident card, which will allow you to remain in the U.S. permanently and apply for citizenship after five years of continuous residence in the country.

16. Is there a minimum wage requirement for EB-3 workers?


Yes, employers must pay EB-3 workers the higher of either the prevailing wage or the federal minimum wage.

17. Can an EB-3 visa holder bring family members to the U.S.?


Yes, an EB-3 visa holder can bring family members to the U.S. The visa holder’s spouse and unmarried children under 21 years old can accompany the EB-3 visa holder to the U.S. as derivatives on the same visa.

18. What happens if my employer terminates my employment while I am on an EB-3 visa?


If your employer terminates your employment while you are on an EB-3 visa, you will most likely need to file for a new visa status in order to remain in the United States. Depending on the circumstances, you may be able to change your visa status to a different type of work visa within the same preference category or you may need to apply for a new visa in a different preference category. It is best to seek legal advice and discuss your options with an immigration attorney.

19. Can I apply for a green card after getting an EB-3 visa?


Yes, you may apply for a green card after getting an EB-3 visa. The EB-3 visa is a type of employment-based permanent residency visa that allows you to live and work in the U.S. on a permanent basis. To qualify for a green card, you must meet certain criteria, including having an employer sponsor you and demonstrate that you have the necessary skills and qualifications for the job.

20. Are there any restrictions on how many times I can renew my EB-3 visa?


No, there are no restrictions on how many times an EB-3 visa can be renewed. However, the applicant must still meet the eligibility requirements each time the visa is renewed.