EB-3:Employment-Based Immigration Visa 2023

Here are We would like to inform you about EB-3:Employment-Based Immigration Visa 2023 . Permanent or semipermanent entry into the United States by foreign employees is possible in a variety of methods. Depending on their job history and level of education, the EB-3 visa may be ideal for certain individuals. This visa allows the holder to become a permanent U.S. resident and is categorized as an immigrant visa. This article explains the EB-3 visa, its criteria, the application procedure, how to cope with denials, and how to become a U.S. citizen.

Who is eligible for an EB-3 visa and what is EB-3 visa?

The EB-3:Employment-Based Immigration Visa is a category of permanent residence based on work. It is the third preferred category for employment visas and is reserved for skilled, professional, and “unskilled” employees. With an EB-3 visa, you may work and reside permanently in the United States.

  • “Professionals” refers to those who hold a bachelor’s degree or its foreign equivalent.
  • “Skilled” is translated as those who are experienced in working in a distinct occupation that requires at least two years of training.
  • “Unskilled” subcategory is generally for individuals that have less than 2 years of work experience or vocational training.

The eligibility conditions for the EB-3 Green Card are less stringent, but there are more applications than in the EB-1 and EB-2 categories. This visa is often more appropriate for foreign employees who have a permanent employment offer in the U.S. and fulfill the educational and work experience criteria.

Fiscal Year 2023 Employment-Based Adjustment of Status

The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. We are dedicated to using as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.

EB-3 Visa Requirements

The EB-3 visa is intended for three groups: skilled workers, professionals, and unskilled laborers. Despite the fact that, at first sight, the qualifications for all three seem to be the same, they differ significantly. The criteria for EB-3 visas are summarized in the table below, along with a thorough explanation for each category.

Sub-categories EvidenceCertification
Skilled Workers
You must have at least 2 years of job experience or training. You must be performing work for which qualified US workers are not available.Labor certification and a full-time, permanent EB-3 job offer is required.
ProfessionalsYou must be able to demonstrate that you have a U.S. baccalaureate degree or its foreign degree equivalent and that a baccalaureate degree is a normal requirement for entry into the occupation. You must be performing work for which qualified US workers are not available. Education and experience may not be substituted for a baccalaureate degree.Labor certification and a permanent, full-time EB-3 job offer required.
Unskilled Workers (Other Workers)You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.Labor certification and a permanent, full-time EB-3 job offer required.

EB-3 Visa – Skilled Workers

If the job is permanent and not seasonal or temporary, it must have:

  • Have worked for at least two years
  • An Undergraduate Degree
  • Proof of Work-Related Training

Documentation Needed for a Skilled Worker:

  • PERM Certification of Work
  • Proof of finishing school
  • Any other paperwork that has to do with the PERM Labor Certification
  • Confirmation that a U.S. employer has made a permanent EB-3 job offer
  • Worker Petition for Immigrants (Form I-140)

The EB-3 Visa  – Professional Workers

Most of the time, the people who are eligible to petition for a professional visa aren’t as qualified as those who want an EB-2 visa, but they still have a valuable skill and a valid education. All professionals who are qualified must have:

  • Bachelor’s Degree or Foreign Equivalent
  • The job must require at least a bachelor’s degree.
  • A degree can’t be replaced by work experience or education.

Professional Required Documentation:

  • PERM Labor Certification
  •     Proof of bachelor’s degree or foreign equivalent
  •     Requirements of position (bachelor’s degree is mandatory)
  •     Confirmation of permanent EB-3 job offer from U.S. employer
  •     Petition for Immigrant Worker (Form I-140)

EB-3 Visa – “Other” Workers

Workers in the “Other” group don’t have to meet as many requirements as professionals or skilled workers. This gives more people the chance to apply, but only 10,000 green cards are given out each year.

The person who wants the EB-3 Green Card should expect to have to wait a few years. The PERM Labor Certification may also be hard to get for “Other” workers because the U.S. employer needs to provide a lot of information.

Eligible “Other” Workers must have:

Position that needs education or work experience

  • It must be proven that this job can’t be done by a U.S. worker.
  • The job can’t be short-term or seasonal.

“Other” workers had to show proof:

  • PERM Labor Certification
  • Proof of education, work experience, or training as an apprentice.
  • Proof of a permanent job offer in the U.S.
  • All documents related to the PERM Labor Certification Petition for Immigrant Worker (Form I-140)

EB-3 Visa Steps

EB-3 Visa Steps

Once you have all of your paperwork, you will need to find an employer who is willing to help you get a green card. To get the PERM Labor Certification from the Department of Labor, that employer must then go through a long hiring process and find out what the going rate is for your job in the area where you will be working.

Your employer must next submit an I-140 petition to the USCIS. The day your petition is received will serve as your priority date. You must monitor the monthly visa bulletin published by the Department of State to see whether your priority is “current,” which means that it meets or exceeds the final action dates shown in the most recent bulletin.

It is crucial to note that, as of the writing of this article, the majority of final action dates for the EB-3 green card are just a few months behind schedule, while some are many years behind schedule. Be prepared to wait a substantial period of time if you are from China or India before your priority date becomes current. Note that the dates for “other employees” differ significantly from those of the other two categories.

If you are already in the United States, you may submit your I-485 petition to alter your status as soon as your date becomes current. With I-485 approval, your status will instantly change to lawful permanent resident.

What Is The EB-3 Interview Like?

What Is The EB-3 Interview Like?

If you are presently outside the United States, you must instead undergo consular procedure. This requires you to visit the U.S. consulate or embassy in your native country and have an interview with a consular official. You must also complete the DS-260 online application for an immigrant visa.

You must bring to your interview both the confirmation page for your DS-260 and the receipt for your payment, as well as:

  • Your passport
  • Your ID
  • Two passport photographs
  • Your I-797 Approval Notification from the USCIS
  • Your appointment notice letter
  • Documents supporting your application for a green card.

How Long Does It Take To Process An EB-3 Visa?

Keeping in mind each of the aforementioned steps, we may estimate the processing time. Nonetheless, a number of variables may substantially alter the duration of your EB-3 visa  application.

Without difficulty, the PERM Labor Certification procedure will take around 8 months. If your company is audited or exposed to monitored recruiting, this period may be extended to two years.
The I-140 petition takes an average of six months to complete, depending on the Service Center’s backlog.
Depending on your nation of origin, you may have to wait anywhere from two months to over a decade for your priority date.
In addition, the I-485 might take an average of six months to complete. This step is not eligible for premium processing.

If waiting six months for your I-140 petition to be processed is too lengthy, you may pay the additional price for premium processing, an optional service that reduces the processing period to 15 calendar days.

Hence, the entire EB-3 processing period might range from 14 months in the best case to 15 years in the worst situation. Consult with your EB-3 green card attorney to estimate the processing time you might anticipate.

If your priority date wait time is too lengthy, you may choose to change your status from EB-3 to EB-2. This is a difficult procedure that should only be undertaken with the assistance of an EB-3 attorney.

How Much Do EB-3 Fees Cost?

When applying for EB-3, there are many costs to consider:

  • The filing fee for Form I-140 is $700.
  • The filing fee for an I-485 is $1,140.
  • The price for using premium processing with your I-140 is $2,500.00.
  • Attorney prices vary by firm; our flat fee for EB-3 green cards is shown on our rates page.
  • If you are undergoing consular processing, you must account for the DS-260 charge of $325 plus the sponsorship fee of $120. Also, you must consider the expense of travel.

May I Get a Refund?

Unfortunately, the USCIS is not in the business of issuing EB-3 fee reimbursements. Yet, there are three primary instances when you might anticipate receiving one:

  • The USCIS requested a form that was superfluous for your EB-3 petition, and payment was needed.
  • The USCIS demanded a charge that exceeded the amount specified on their fee schedule.
  • If the USCIS fails to complete a premium processing petition within 15 calendar days, the premium processing money will be refunded.

EB-3 Visa Renewal

Green cards have a lengthy validity term, which is one of the greatest benefits of obtaining one. Your EB-3 visa will be valid for 10 years if awarded. Remember that this is not like renewing a nonimmigrant visa, where you must file a fresh petition and requalify for the visa.

To renew your green card, you need just submit Form I-90 along with a biometrics cost of $85 and $455. This is also the procedure for replacing a green card that has been lost, stolen, damaged, or destroyed.

EB-3 to Obtaining citizenship

Now that you have your EB-3 immigrant visa, your immigration adventure may be complete. Nonetheless, there are benefits to completing the process and becoming a U.S. citizen:

  • You will be eligible to work for the federal government
  • You may sponsor family members at a higher priority level for green cards.
  • You may participate in primaries
  • No longer are you required to renew your immigration status.
  • You cannot be removed from the United States.

These are just a few of the many advantages of switching from an EB-3 visa to citizenship. This is accomplished via the naturalization procedure, which entails filing Form N-400 with the USCIS. If you meet the requirements, which include living in the United States as a legal permanent resident for at least five years, you will be invited to a service center for an interview and a test of your knowledge of American government, history, and English.

If you pass this exam and the interview, you will be required to take an oath of allegiance to the United States before becoming a citizen of the United States.

Apart from the fact that the N-400 is $725 plus a $85 biometrics cost, which seems to be more expensive than the EB-3 green card renewal price, this fee is paid only once, but the EB-3 fee must be paid every ten years.

EB-3 Visa Rejection

A refusal of an EB-3 petition might devastate your immigration prospects. In light of this, we want to educate you on how to prevent this issue before it arises.

There are many primary reasons why an EB-3 petition for a green card is refused or rejected:

  • The petition included contradictory, incomplete, or erroneous information.
  • The filing fee was submitted improperly.
  • You did not pass the background check
  • Your employment did not meet the EB-3 green card standards.
  • Your employer did not meet the EB-3 green card standards.

For the first two things on the list, it is possible that your petition will be denied, which implies that it was returned due to a minor problem. The best course of action is to consult with your immigration attorney to correct the error and resubmit the petition.

Regarding everything else, the situation may be more dire. A rejection indicates that, following a thorough review by an immigration official, your petition was refused on the basis of its merits. You may refile with additional or alternative evidence, appeal the judgment via the Administrative Appeals Office, or file a formal request to review or reopen your case.

What Regarding an RFE?

Sometimes, instead of delivering a straightforward refusal, the USCIS may issue a Request for Proof (RFE). Consider this an opportunity rather than a hindrance. The USCIS is allowing you to submit supplementary evidence in support of specific areas of your case. You have a limited amount of time to react to the RFE, therefore the best course of action is to consult with an immigration attorney.

How EB-3 Visa Lawyers Can Assist You

In the same way that you would engage an expert for any other highly specialized undertaking, an immigration attorney is essential to the process.
To guarantee that your petition is completed and submitted correctly, that your costs are accurate, and that any unforeseen complications (such as an RFE) are addressed, it is advisable to hire an EB-3 Visa Lawyer.

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