Green Card Options for Skilled Workers (EB-3)

1. What is the length of time it takes to obtain a Green Card through the EB-3 visa program?


The average length of time to obtain a Green Card through the EB-3 visa program is approximately 3-5 years. However, wait times can vary based on processing times, country of origin, and other factors.

2. How many Green Cards are available each year for skilled workers under the EB-3 program?


Under the EB-3 program, there is an annual limit of 40,040 green cards available for skilled workers.

3. Is there a minimum salary requirement for an EB-3 visa holder?


Yes, there is a minimum salary requirement for an EB-3 visa holder. The minimum salary for an EB-3 visa holder must be at least the prevailing wage for a position in the geographical area in which the job is located. In addition, the wage must meet or exceed the median of the wages paid to other workers in the same occupation with similar skill levels.

4. Are there any restrictions on the types of occupations that can be sponsored under the EB-3 program?


Yes, there are restrictions on the types of occupations that can be sponsored under the EB-3 program. The occupations must be considered skilled (requiring a minimum of two years of experience or training), professional (requiring at least a U.S. bachelor’s degree or a foreign equivalent) or other (less than two years of experience and non-professional).

5. Is a job offer required to apply for a green card through the EB-3 program?


No, a job offer is not required to apply for a green card through the EB-3 program. The EB-3 program is designed to allow immigrants to become permanent residents based on their own skills and qualifications, without the need for a job offer from a US employer.

6. How many points are allocated to applicants with advanced degrees under the EB-3 program?


Under the EB-3 program, applicants with advanced degrees are allocated 20 points.

7. Is there an age cap for green card applicants under the EB-3 program?


No, there is no age cap for green card applicants under the EB-3 program. The only requirement is that the applicant meets one of the three categories of eligibility—skilled worker, professional, or other worker.

8. Is there a family member preference category for green card applications under the EB-3 program?


No, there is no family member preference category for green card applications under the EB-3 program. The EB-3 program is for individuals who are professional workers, skilled workers, or other workers. To qualify for this program, applicants must have a job offer from an approved employer and must meet certain criteria.

9. Can an applicant switch employers while maintaining their green card status under the EB-3 program?


Yes, an applicant can switch employers while maintaining their green card status under the EB-3 program. The employer must file a new I-140 petition with USCIS to demonstrate that the job duties of the new position require at least two years of experience and that the foreign worker qualifies for the job. As long as the foreign worker remains qualified for the job and has not abandoned the green card process, they can switch employers without starting the entire process over from scratch.

10. Are there any educational requirements for green card holders under the EB-3 program?


Green card holders under the EB-3 program are not subject to any educational requirements, but they must demonstrate at least two years of relevant work experience or training.

11. How long does it take to process a green card application through the EB-3 program?


It typically takes between 8-12 months to process a green card application through the EB-3 program. It is important to note, however, that wait times can vary depending on the individual case and the current backlog of applications.

12. Are applicants able to obtain permanent residence without applying for a green card through the EB-3 program?


No, the EB-3 program is the only method of obtaining permanent residence for employment-based immigrants. There are other ways of obtaining permanent residence, such as marriage-based green cards and asylum, but these are not options available through the EB-3 program.

13. What is the difference between the EB-2 and EB-3 visa programs for skilled workers?


The EB-2 visa program is for professionals with advanced degrees or exceptional ability in the sciences, arts, or business. EB-3 is for skilled workers and professionals with at least two years of experience. The main difference is that the EB-2 program requires higher qualifications than the EB-3 program. Also, the wait times are typically longer for the EB-2 visa program than for the EB-3 visa program.

14. What are the requirements for sponsoring a relative under the EB-3 program?


In order to sponsor a relative under the EB-3 program, the U.S. citizen or lawful permanent resident must prove that they can support the relative at 125% of the federal poverty level. The sponsor must also provide evidence of their relationship to the relative, such as birth or marriage certificates. The relative must also have a valid visa and be able to demonstrate that they are qualified for the job they are seeking. A labor certification from the Department of Labor must also be obtained in order for the application to be accepted.

15. Can an applicant qualify for a green card through multiple employment pathways under the EB-3 program?


Yes, an applicant can qualify for a green card through multiple employment pathways under the EB-3 program. This includes qualifying through a professional, skilled worker, or other worker.

16. Does an applicant need to be present in the U.S. to apply for a green card through the EB-3 program?


No, an applicant does not need to be present in the U.S. to apply for a green card through the EB-3 program. The U.S. Citizenship and Immigration Services (USCIS) allows applicants to apply for a green card through the EB-3 program from outside the U.S. by filing Form I-140, Immigrant Petition for Alien Worker, along with the required supporting documents.

17. Does an existing work permit or visa exempt an applicant from applying for a green card through the EB-3 program?


No, the existing work permit or visa does not exempt an applicant from applying for a green card through the EB-3 program. The EB-3 program is a permanent residency visa specifically designed for skilled workers, professionals, and other workers. It is separate from work authorizations or visas. An individual must still meet the eligibility requirements of the EB-3 program, including having an employer who can sponsor their application and demonstrate their qualifications for the program.

18. What are some of the documents required to apply for a Green Card through the EB-3 program?


In order to apply for a Green Card through the EB-3 program applicants must provide a valid passport, birth certificate, marriage certificate (if applicable), medical records, police clearance certificate, evidence of financial support, evidence of education or work experience, and tax returns.

19. How long is an approved green card valid for under the EB-3 program?


A green card issued under the EB-3 program is valid for 10 years.

20. Does applying for a green card through the EB-3 Program guarantee permanent residency in the U.S.?


No, applying for a green card through the EB-3 Program does not guarantee permanent residency in the U.S. Permanent residency is granted after approval of the application, and there is no guarantee that any application will be approved.