1. What is the EB-3 visa for skilled workers in non-professional occupations?

The EB-3 visa for skilled workers in non-professional occupations is a permanent resident visa for foreign individuals who are able to demonstrate at least two years of experience in a particular field, or that they possess skills that are of “exceptional ability” in the sciences, arts, or business. It is intended to allow foreign workers to work in jobs that would be difficult to fill with U.S. workers.

2. How long is the EB-3 visa valid for?

The EB-3 visa is valid for up to 10 years.

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

To qualify for an EB-3 visa, applicants must meet the following requirements:

1. Have a valid job offer from a U.S. employer.
2. Have the appropriate educational background or experience for the job offered.
3. Be able to demonstrate that they have the necessary training, skills, or credentials to fill the position offered.
4. Be able to demonstrate that they are eligible to work in the United States.
5. Have enough money to support themselves while living in the United States (if applicable).

4. Are there any exceptions to the educational or experience requirements for the EB-3 visa?

Yes. There are several exceptions to the educational and experience requirements for the EB-3 visa. These include:

a) Professionals with a baccalaureate degree and at least 5 years of experience in their field;

b) Persons with two years of experience in skilled labor or training that is equivalent to at least two years of college education; and

c) Certain workers in the performing arts, such as actors and musicians.

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

The processing time for an EB-3 visa application can vary widely depending on the applicant’s individual circumstances. Generally, the entire process can take anywhere from 6 to 9 months.

6. Can I work while my EB-3 visa application is being processed?

Yes, you may work while your EB-3 visa application is being processed. However, you must have an Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS) in order to lawfully work in the United States.

7. Can I bring my family with me on an EB-3 visa?

Yes, you can bring your family with you on an EB-3 visa. Your family members, which includes your spouse and children under the age of 21, are eligible to receive derivative visas. This means they can get a visa of the same status as yours and they will be allowed to accompany you in the United States.

8. Is there a cap on the number of EB-3 visas granted each year?

Yes, there is a cap on the number of EB-3 visas granted each year. The U.S. Citizenship and Immigration Services (USCIS) sets an annual limit (or “cap”) on the number of immigrant visas that can be issued to foreign nationals who are eligible for employment-based immigrant visas. The cap for the EB-3 visa category for fiscal year 2021 is 40,040 visas, plus any unused visa numbers from prior fiscal years.

9. Are there any advantages to filing an EB-3 visa application early?

Yes, there are some advantages to filing an EB-3 visa application early. First, it may give you a better chance of getting approved if your visa category is backlogged. This is because USCIS generally processes applications from earlier filing dates first. Additionally, by filing your application early it gives you more time to prepare any other documents that may be requested by USCIS for your application. Finally, filing your application early gives you more time to prepare for any interviews that may be required for your visa application.

10. What is the difference between the permanent and temporary labor certifications for an EB-3 visa?

The permanent labor certification for an EB-3 visa is issued by the U.S. Department of Labor and serves as verification that no qualified U.S. workers are available for the job in question. It also verifies that the wages and working conditions offered to the foreign worker are not less favorable than offered to U.S. workers. The permanent labor certification is valid indefinitely and can be used for certain classifications of employment-based green cards.

The temporary labor certification for an EB-3 visa requires employers to demonstrate, among other things, that they have sought to hire domestic workers and been unable to find any qualified and willing to work at the wage offered. The temporary labor certification is only valid for a specific period of time, usually up to two years, and is available only for certain classifications of employment-based green cards.

11. How can I track the status of my permanent labor certification application?

You can track the status of your permanent labor certification application with the Department of Labor’s iCERT Visa Portal System. The iCERT system allows you to access case information, including the status of your case, 24 hours a day, 7 days a week. You will need your authorization number, which you should have received when you filed your application, to access information about your application.

12. Can I apply for a green card through an employer or family member’s sponsorship while on an EB-3 visa?

Yes, in certain circumstances you may be able to apply for a green card through an employer or family member’s sponsorship while on an EB-3 visa. Depending on your circumstances, you may be eligible for a green card through the employment-based third preference category, as long as you meet the requirements and your employer or family member can sponsor you.

13. How can I obtain a national interest waiver to expedite the processing of my EB-3 visa application?

Only U.S. Citizenship and Immigration Services (USCIS) can grant a national interest waiver. You must meet all of the eligibility requirements for the EB-3 visa and then submit a request for the waiver along with evidence demonstrating that your presence in the U.S. would significantly benefit the national interest. USCIS will then review the evidence and make a decision on whether to grant the waiver.

14. Can I change my job while I am on an EB-3 visa?

Yes, you may change your job while you are on an EB-3 visa. However, you must obtain an amended visa petition and file it with the USCIS before your new employer can submit a new I-140 Petition for Alien Worker.

15. Are there any restrictions on how long I can stay in the United States on an EB-3 visa?

Yes, there are restrictions on how long you can stay in the United States on an EB-3 visa. The maximum length of stay for an EB-3 visa holder is 10 years, although extensions may be granted if certain criteria are met. Additionally, if the visa holder changes employers, the new employer must file a new petition for the individual before any additional time can be granted.

16. What happens if my application for permanent residence through an employer sponsorship is denied?

If your application for permanent residence through an employer sponsorship is denied, you may need to reapply or find another way of obtaining permanent residence. Depending on the circumstances, you may be able to appeal the decision or reapply with additional evidence to support your application.

17. If I am granted permanent residence, am I eligible to become a U.S. citizen?

Yes. After holding a green card (permanent residence) for at least 5 years, you may be eligible to apply for naturalization. However, there are additional requirements that must be met in order to be eligible for naturalization.

18. How do I apply to adjust my status to permanent residence from within the United States?

To apply to adjust your status to permanent residence from within the United States, go to the USCIS website and submit Form I-485, Application to Register Permanent Residence or Adjust Status. Additionally, you will need to submit the appropriate supporting documents, such as a copy of your passport, proof of lawful entry into the United States, financial documents, and any required application or filing fees.

19. What is required to obtain a work permit if my green card application is pending approval?

If your green card application is pending approval, you will need to obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS). The USCIS will review your application and issue you the EAD if your application is approved. You can apply for an EAD by filing Form I-765 with the USCIS. The fees associated with the application are outlined in the form instructions. Once you have obtained your EAD, you can then apply for a work permit with your employer.

20. Can I travel abroad while my green card application is pending approval?

No, you are not allowed to travel outside the US while your green card application is pending. If you decide to travel, it could slow down your application process or have it denied.