EB-3 Visa Requirements and Eligibility ; The Employment-Based Third Preference (EB-3) visa is a type of employment-based visa that allows foreign nationals to work and live in the United States. It is intended for skilled workers, professionals, and other workers who are not eligible for the EB-1 or EB-2 visas. In this article, we will discuss the requirements and eligibility criteria for the EB-3 visa.
Eligibility Criteria
To be eligible for an EB-3 visa, applicants must meet the following requirements:
Skilled Workers
A skilled worker is defined as an individual who has at least two years of training or experience in a particular field. The training or experience must not be of a temporary nature, and it must be acquired through formal education, on-the-job training, or a combination thereof.
Professionals
Professionals are individuals who hold a U.S. baccalaureate degree or foreign equivalent degree that is required for entry into the profession. Examples of professions that may qualify include architects, engineers, lawyers, physicians, surgeons, and teachers.
Other Workers
Other workers are defined as unskilled laborers who are able to perform work that requires less than two years of training or experience. Examples of jobs that may qualify include housekeepers, janitors, and agricultural workers.
In addition to meeting one of the above criteria, EB-3 visa applicants must also have a job offer from a U.S. employer. The employer must file Form I-140, Petition for Alien Worker, on behalf of the applicant. The petition must include evidence that the applicant meets the eligibility criteria for the EB-3 visa.
EB-3 Visa Process
The process for obtaining an EB-3 visa involves several steps:
Job Offer
The first step in the process is to obtain a job offer from a U.S. employer. The employer must be willing to sponsor the applicant for an EB-3 visa.
Labor Certification
The next step is to obtain a labor certification from the U.S. Department of Labor (DOL). The labor certification process is intended to ensure that there are no qualified U.S. workers available to fill the position being offered to the foreign national.
To obtain a labor certification, the employer must file an Application for Permanent Employment Certification (Form ETA-9089) with the DOL. The application must include information about the job duties, educational requirements, and experience required for the position.
Form I-140 Petition
After obtaining the labor certification, the employer must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence that the applicant meets the eligibility criteria for the EB-3 visa.
Visa Application
Once the Form I-140 petition is approved, the applicant can then apply for an EB-3 visa at a U.S. embassy or consulate in their home country.
EB-3 Visa Limitations
There are a limited number of EB-3 visa available each year, which means that there may be a waiting period before an applicant can be issued a visa. The current annual quota for EB-3 visas is approximately 40,000.
In addition, applicants from certain countries may face longer wait times than others due to the per-country limitations on visa issuance. Applicants from China and India, for example, may face longer wait times due to the high demand for EB-3 visas from those countries.
Conclusion : EB-3 Visa Requirements and Eligibility
The EB-3 visa is an employment-based visa that allows foreign nationals to work and live in the United States. To be eligible for an EB-3 visa, applicants must meet specific requirements based on their education and work experience. The process for obtaining an EB-3 visa involves obtaining a job offer from a U.S. employer, obtaining a labor certification from the DOL, filing Form I-140 with USCIS, and applying for a visa at a U.S. embassy or consulate. While there are limitations on the number of EB-3 visas available each year, those who meet the eligibility criteria can benefit from the opportunities that come with working in the United States.