1. What is the EB-3 visa classification?

The EB-3 visa classification is a type of employment-based visa that allows foreign professionals, skilled workers, and other unskilled workers to work legally in the United States. The visa holders may remain in the US for up to five years and are eligible to apply for permanent residency if certain requirements are met.

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

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

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

The requirements for obtaining an EB-3 visa are as follows:

1. An employer must petition for the foreign national with a Form I-140.

2. The foreign national must have a permanent employment offer from a U.S. employer in a job that requires at least two years of experience or training.

3. The foreign national must possess the minimum qualifications for the job, including any required licenses or certifications.

4. The foreign national must be able to demonstrate that they are able to perform the job duties as described in the petition.

5. The U.S. employer must demonstrate that there are no qualified U.S. workers available to fill the position.

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

It typically takes between six and eight months to process an EB-3 visa application. However, processing times can vary depending on the specific details of each applicant’s case.

5. What types of jobs are eligible for the EB-3 visa?

The types of jobs eligible for the EB-3 visa include professionals with a bachelor’s degree, skilled workers (workers with at least two years of experience), and unskilled workers. Professionals with a bachelor’s degree must have a job offer from a U.S. employer in a specialty occupation that requires the professional’s special knowledge, skills, and experience. Skilled workers must have a job offer from a U.S. employer in a job that requires at least two years of training or experience. Unskilled workers must have a job offer from a U.S. employer in a job that requires less than two years of training or experience.

6. Are family members of an EB-3 visa holder eligible for visa sponsorship?

Yes. Family members of an EB-3 visa holder are eligible for visa sponsorship. This includes the visa holder’s spouse and unmarried minor children (under 21 years of age). They may be eligible to receive the same visa classification as the principal applicant.

7. Can a foreign national with an expired EB-3 visa apply for a renewal?

Yes, a foreign national with an expired EB-3 visa can apply for a renewal. However, the individual must meet all the eligibility requirements for the visa category and must demonstrate that they are still eligible for the visa.

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

Yes, under the U.S. Department of Labor regulations, an EB-3 visa holder must be paid at least the prevailing wage for the occupation in which they are employed. The prevailing wage is determined by the U.S. Department of Labor and is based on local labor market conditions and the specific job duties and qualifications of the position.

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

Yes. An EB-3 visa holder is usually allowed to stay in the United States for up to 10 years, but this can be extended depending on individual circumstances. This visa can also be renewed after the initial period of up to 10 years.

10. What restrictions are placed on EB-3 visa holders while in the United States?

EB-3 visa holders are typically restricted from changing employers, applying for permanent residence or acquiring another type of visa while in the United States. They are also restricted from engaging in any work or activities outside of the occupation listed on their approved visa petition. Finally, they are usually required to maintain a legal status in the United States throughout their stay.

11. Does the EB-3 visa have a cap or annual limit on the number of visas available?

Yes, the EB-3 visa is subject to an annual limit or cap on the number of visas available. The annual limit is set by Congress and is currently set at 40,040 visas per year.

12. Is there any difference between an EB-2 and an EB-3 visa?

Yes, there is a difference between an EB-2 and an EB-3 visa. The EB-2 visa is for individuals who qualify for employment-based immigration based on their advanced degree or exceptional ability. The EB-3 visa is for individuals who qualify for employment-based immigration based on their professional or skilled occupations.

13. What is the difference between a labor certification and a labor condition application for an EB-3 visa?

A labor certification is a test of the labor market conducted by the US Department of Labor to see if there are any US workers available to fill the open role and whether the employer is willing to pay the prevailing wage for that role. A Labor Condition Application (LCA) is an application submitted by an employer and certified by the US Department of Labor in order to obtain an employment-based visa. The LCA is part of the process for obtaining an EB-3 visa, which is a type of green card that gives foreign workers permanent residency in the US. The LCA contains information about the employer, the job duties, and wages that will be paid to foreign workers. Once the LCA is approved, employers can then apply for the visa on behalf of the foreign worker.

14. Can a foreign national with an expired EB-3 visa apply for a new one?

Yes, a foreign national with an expired EB-3 visa can apply for a new one. However, they must meet the eligibility requirements of the EB-3 visa category and submit all necessary documents and fees.

15. Is there a fee associated with filing an application for an EB-3 visa?

Yes, there is a fee associated with filing an application for an EB-3 visa. The current fee is $345. This fee is subject to change and should be verified with the U.S. Citizenship and Immigration Services (USCIS) before submitting an application.

16. Is there a minimum age requirement to obtain an EB-3 visa?

Yes, there is a minimum age requirement for most individuals applying for an EB-3 visa. The applicant must be at least 21 years of age at the time of filing the application.

17. How does getting a green card through employment based immigration (EB-3) compare to other paths to permanent residence such as family sponsorship or lottery selection?

Getting a green card through employment-based immigration (EB-3) is generally more difficult than family sponsorship or lottery selection. With the EB-3 process, you must have a job offer from a U.S. employer and then that employer must sponsor you with the U.S. Citizenship and Immigration Services (USCIS). A job offer must come with a permanent, full-time position, and the employer must also demonstrate that there are no other U.S. workers available who can do the job. Additionally, the employer will need to file the necessary paperwork and receive approval from USCIS. Family sponsorship requires no job offer and only requires the family member to demonstrate they have a qualifying relationship with the sponsor. The lottery selection, or Diversity Visa program, is a lottery system, whereby applicants who meet certain criteria can receive permanent residence in the U.S. without having to have a job offer or family sponsorship.

18. Are applicants required to undergo medical examinations when applying for an EB-3 visa?

Yes, applicants for an EB-3 visa are required to undergo medical examinations. Medical examinations are mandatory for most immigrant visa applicants, and must be conducted by a designated panel physician.

19. How many years of experience in a particular field is typically required to obtain an EB-3 visa?

Some employers may require a minimum of two years of experience in the relevant field, depending on the job position and requirements. However, this is not always the case and the exact number of years required for an EB-3 visa can vary depending on the employer.

20. Are there any special circumstances which may allow for expedited processing of an EB-3 application?

Yes, certain special circumstances may allow for expedited processing of an EB-3 application. For example, if the applicant has an Advanced Degree, has a National Interest Waiver, and/or can demonstrate that their application meets the criteria for exceptional ability, they may be able to have their application processed more quickly. Additionally, if the applicant is skilled and has experience in a field with a shortage of qualified workers, their application may be processed more quickly.