US Visa – Immigrant – Eb3

– India


Census Town

Name: Chatauli
Settlement Type: Census Town
Pushpin Map: India Uttar Pradesh#India3
Pushpin Label Position: right
Pushpin Map Caption: Location in Uttar Pradesh, India
Subdivision Type: Country
Subdivision Type1: State
Subdivision Name1: Uttar Pradesh
Subdivision Type2: District
Subdivision Name2: Bijnor
Unit Pref: Metric
Elevation M: 238.81000000000006
Population Total: 9871
Population As Of: 2011 Census of India , Banwari Buxpur, Post-Shahzadpur chatauly Distt, Amroha UP.
Postal Code Type: PIN- 246749 Postal code of ami patti is a existing.
Postal Code-265668

Chatauli is a town and a nagar panchayat in the Bijnor district of the Indian state of U.P.. Chatauli is very popular agricultural area in the bijnor district.

Demographics

As per the 2011 Census of India , Banwari Buxpur, Post-Shahzadpur chatauly Distt, Amroha U

1. What is the average processing time for an Eb3 immigrant visa from India?

The average processing time for an EB-3 immigrant visa from India varies depending on the specific circumstances and individual case. According to the U.S. Department of State’s Visa Bulletin, as of November 2021, the current priority date for EB-3 visas for individuals born in India is January 15, 2010. This means that applicants with a priority date earlier than this are currently being processed.

However, the actual processing time can also vary based on factors such as the complexity of the case, availability of visa numbers, and any additional administrative processing requirements.

In general, it can take anywhere from several months to several years for an EB-3 visa to be processed from India. It is best to check with your immigration attorney or the U.S. embassy in India for more specific and up-to-date information regarding your particular case.

2. Can I apply for an Eb3 immigrant visa while in the US on a tourist visa?


No, you cannot apply for an Eb3 immigrant visa while in the US on a tourist visa. The Eb3 visa is an employment-based immigrant visa and requires sponsorship from a US employer. Additionally, entering the US on a tourist visa with the intention of applying for permanent residency can be viewed as immigration fraud and may result in denial of your application. It is best to consult with an immigration lawyer to determine the most appropriate pathway for your situation.

3. Is there a priority date for Eb3 visa applications from India?

The priority date for EB3 visa applications from India depends on the current backlog of applications in that category. The current priority date for India is August 15, 2004, according to the U.S. Department of State’s Visa Bulletin as of October 2021. This means that USCIS is currently processing EB3 applications from India with a priority date on or before August 15, 2004.

4. Do I need a job offer to apply for an Eb3 immigrant visa?

No, you do not necessarily need a job offer to apply for an EB-3 immigrant visa. The EB-3 category includes skilled workers, professionals, and other workers who can demonstrate the ability to perform a job in the United States. This means that you can apply for an EB-3 visa based on your own qualifications and skills without an employer sponsorship or job offer.

However, having a job offer from a U.S. employer can greatly improve your chances of being approved for an EB-3 visa. This is because it shows that you have a job waiting for you in the United States and that there is a need for your skills in the U.S. labor market.

Additionally, certain subcategories of EB-3 visas require applicants to have a specific job offer. For example, the “skilled worker” subcategory requires at least 2 years of experience or training and a full-time permanent job offer from a U.S. employer.

If you do not have a job offer but still want to pursue an EB-3 visa, you may be able to find a sponsor through networking or by applying for jobs in the United States before or after your visa application is submitted. You may also qualify for other types of employment-based visas such as the EB-1 or EB-2 categories if you have exceptional abilities or advanced degrees.

5. Can my family members accompany me on an Eb3 immigrant visa?

It depends on their relationship to you and the specific requirements of the visa program. For example, if they are your spouse and/or unmarried children under the age of 21, they may be eligible to accompany or follow you to the United States on an Eb3 immigrant visa. However, if they are not immediate family members, they would need to apply for their own immigrant visas through a separate eligibility category. It is important to carefully review the eligibility requirements and procedures for each individual family member.

6. What are the minimum qualifications required for an Eb3 immigrant visa?

A: The minimum qualifications for an EB-3 immigrant visa are:

1. A job offer from a U.S. employer
2. Possession of a high school diploma or equivalent (this can also include relevant work experience)
3. Proving that you possess the necessary skills and experience to perform the job
4. Labor certification from the U.S. Department of Labor
5. Meeting all admissibility requirements for admission into the United States, such as passing a medical examination and security clearance
6. Meeting any other specific requirements set by the USCIS or Department of State for your country of origin
7.
Meeting specific education, training, and/or licensing requirements for the particular occupation, if applicable

7. Are there any requirements related to work experience for the Eb3 category?


Yes, the following work experience requirements must be met for the EB-3 category:

1. The applicant must have a minimum of two years of work experience in a specific occupation or field.

2. The work experience must be acquired within the last five years.

3. The work experience must be at a level comparable to that required for the offered position in the United States.

4. Any experience obtained through illegal employment will not be considered.

5. For some occupations, relevant training may be accepted as equivalent to work experience.

6. The applicant’s job offer and labor certification must also specify that they have at least two years of work experience in the specific occupation or field.

It is important to note that these requirements may vary depending on the specific job being offered and the country of origin of the applicant. It is recommended to consult with an immigration attorney for specific guidance on meeting these requirements.

8. Does having relatives in the US affect my chances of getting an Eb3 immigrant visa?


No, having relatives in the US does not have any impact on your chances of getting an EB-3 immigrant visa. The EB-3 category is primarily based on employment and requires an employer to sponsor the individual for a job in the US. Having relatives in the US may provide some assistance during the relocation process, but it does not play a role in determining eligibility for an EB-3 visa.

9. How can I check the status of my Eb3 immigrant visa application?


You can check the status of your EB3 immigrant visa application by using the online tool called the Consular Electronic Application Center (CEAC). This tool allows you to enter your case number and other personal information to track the progress of your application. You can also contact the National Visa Center at (603) 334-0700 or email them at [email protected] for assistance with your application status. Additionally, you can check with the U.S. consulate or embassy where you submitted your application for updates on its status.

10. Is there a limit on the number of visas issued per year under the Eb3 category from India?


Yes, there is an annual limit for the number of EB-3 visas that can be issued to applicants from India. This limit, also known as a “visa cap” or “annual quota”, is set at 28.6% of the total number of visas available for employment-based categories, which are typically around 140,000 visas per fiscal year. This equates to approximately 28,000 EB-3 visas per year for Indian applicants.

11. Can I change employers after receiving my Eb3 immigrant visa and entering the US?


Yes, you can change employers after receiving your Eb3 immigrant visa and entering the US. However, there are certain conditions and steps that need to be followed in order to do so.

1. Notify USCIS: You must notify USCIS of any changes in employment within 10 days of beginning the new job. This can be done by filing Form AR-11, Alien’s Change of Address with USCIS.

2. New Employment Must Be Similar: Your new employment must be similar to the job offer that was the basis for your Eb3 immigrant visa application. This means that the job duties, qualifications, and salary should be similar to what was stated in your original application.

3. Apply for LCA and File Form I-140: Your new employer will need to file a Labor Condition Application (LCA) with the Department of Labor (DOL) to certify that they will pay you at least the prevailing wage for the position. Once the LCA is approved, your employer can file Form I-140, Immigrant Petition for Alien Worker on your behalf.

4. Submit Biometrics: If you have not already done so, you will need to submit biometric information (fingerprints and photograph) at a USCIS Application Support Center.

5. Adjustment of Status or Consular Processing: If you are already in the US on a nonimmigrant visa such as H-1B or L-1, you may apply for adjustment of status by filing Form I-485 with USCIS. If you are outside of the US, you will need to complete consular processing by scheduling an interview at the nearest US embassy or consulate.

6. Meet all other eligibility requirements: You must still meet all other eligibility requirements for an Eb3 immigrant visa, including having a valid job offer from a US employer and meeting any education or work experience requirements.

It is important to consult with an experienced immigration lawyer for guidance and assistance in changing employers after receiving your Eb3 immigrant visa. Any mistakes or missteps in the process could jeopardize your status and ability to work and live in the US.

12. Can my employer pay for my travel expenses and accommodation during the immigration process?


Yes, your employer can choose to cover your travel expenses and accommodation during the immigration process. However, this depends on the specific arrangements made between you and your employer. Some employers may offer relocation packages as part of their employment benefits, while others may not provide this type of assistance. It is important to discuss these details with your employer before accepting a job offer.

13. Is there a different filing process for EB-3 employment-based visas compared to family-based visas?

Yes, the filing process for EB-3 employment-based visas is different from family-based visas. Employment-based visas require an employer to sponsor and file a petition on behalf of the employee, while family-based visas require a relative to sponsor and file on behalf of the beneficiary.

14. If I am already in the US on another non-immigrant status, can I adjust my status to EB-3 without leaving the country?

Yes, you may be able to adjust your status from another non-immigrant status to EB-3 without leaving the country. You must meet all eligibility requirements for the EB-3 category and submit an application to adjust your status with the United States Citizenship and Immigration Services (USCIS). The USCIS will review your application and make a decision on whether or not to approve your adjustment of status. It is important to consult with an immigration attorney for guidance on this process.

15. What documents do I need to bring with me to my EB-3 interview at the US Embassy/Consulate in India?


You will need to bring the following documents to your EB-3 interview at the US Embassy/Consulate in India:

1. Your passport (valid for at least 6 months beyond your intended date of entry to the United States)
2. Appointment confirmation letter from NVC or the U.S. Embassy/Consulate
3. Form DS-260 Confirmation Page
4. Photographs as per the visa photo requirements
5. Original birth certificate and a copy (with translation if it is not in English)
6. Marriage certificate and a copy (if applicable)
7. Divorce or death certificates of any previous spouses (if applicable)
8. Police certificates from all countries you have lived in for more than 6 months since the age of 16
9. Medical examination report, sealed in an envelope by the authorized physician
10. Original documents for education and work experience that were submitted with your I-140 petition
11. Letter from your employer confirming your job offer and stating position, salary, and job duties
12. Proof of financial support, such as bank statements or income tax returns
13. Affidavit of Support (Form I-864) if your employer is not sponsoring you
14. Any other supporting documents related to your visa application or eligibility for EB-3 category.

It is important to check with the specific US embassy or consulate where you will be applying for any additional document requirements or specific instructions before your interview date.

16. Will having a criminal record affect my chances of obtaining an EB-3 visa?


It is possible that having a criminal record could affect your chances of obtaining an EB-3 visa. Consular officers will consider an applicant’s criminal history as part of the visa application process, and certain crimes may be grounds for visa ineligibility. It is important to be honest about any criminal history on your visa application, and to consult with an immigration lawyer for personalized advice on how your particular criminal record may impact your visa eligibility.

17. Are there any specific education or degree requirements for EB-3 applicants from India?

No, there are no specific education or degree requirements for EB-3 applicants from India. However, applicants must have at least 2 years of work experience in a field that requires a minimum of 2 years of training or experience. Additionally, applicants must also have an offer of employment from a U.S. employer and meet the educational and/or experience requirements listed on the employer’s labor certification application.

18.Is it necessary to have a labor certification from Department of Labor as part of the application process?


It depends on the type of visa or work authorization being applied for. For certain visas, such as the H-1B visa for skilled workers, a labor certification from the Department of Labor is required. This certification serves to ensure that there are no qualified US workers available to fill the job position that the foreign worker is being hired for. However, labor certification is not required for all types of visas or work authorizations. It is best to check with an immigration attorney or the specific visa requirements to determine if a labor certification is necessary for your application process.

19.What is meant by “Substantial Equivalence” when determining educational requirements for EB- 116ii 20.Are there any restrictions or quotas on certain types of occupations or industries for the EB-3 category from India?


1. The EB-3 category is an employment-based immigration preference category under the U.S. visa system that allows for permanent residency (green card) to be obtained through sponsorship by an employer.

2. The EB-3 category is divided into three subcategories: skilled workers, professionals, and other workers.

3. Skilled workers refer to those who have at least 2 years of training or experience in a specific field, not of a temporary or seasonal nature.

4. Professionals are defined as individuals holding a bachelor’s degree or foreign equivalent, with the job requirement being in a field that requires at least a bachelor’s degree.

5. Other workers are defined as those performing unskilled labor requiring less than 2 years of training or experience.

6. In order to be eligible for the EB-3 category, the individual must have a full-time permanent job offer from a U.S. employer and meet the specific requirements for their designated subcategory.

7. There are no national quotas for the EB-3 category as it is based on the individual’s country of birth.

8. However, there is an annual limit on the number of green cards that can be issued in this category each year, which can result in longer wait times for applicants from countries with high demand like India and China.

9. It is also important to note that applicants may have to go through a lengthy labor certification process before they can file for an EB-3 green card, unless their profession has been designated as shortage occupation by the Department of Labor.

10. The labor certification process requires employers to demonstrate that there are no qualified U.S. workers available for the position being offered to the immigrant employee, which can take several months to complete.

11. In addition to having a full-time permanent job offer from a U.S employer and completing the labor certification process, individuals must also meet certain education and/or work experience requirements depending on their designated subcategory.

12. For the skilled worker subcategory, individuals must have at least 2 years of training or experience in the specific field to be eligible.

13. Professionals must hold at least a bachelor’s degree or foreign equivalent in a field related to the job being offered.

14. Other workers must have less than 2 years of training and/or experience in order to be eligible for the EB-3 category.

15. In some cases, a combination of education and work experience may also be considered for eligibility purposes.

16. The EB-3 category from India is currently experiencing lengthy wait times due to high demand and annual limits on green cards issued to Indian applicants.

17. As of October 2021, USCIS is accepting green card applications (Form I-485) for the EB-3 category from India with priority dates before September 2014.

18. A priority date refers to the date when an individual’s labor certification was filed with the Department of Labor on their behalf by their employer.

19. “Substantial equivalence” refers to comparing an individual’s education and work experience to U.S. standards in order to determine if they meet the requirements for a certain visa or immigration category.

20. There are no restrictions or quotas on certain types of occupations or industries for the EB-3 category from India.