Process for Obtaining An EB-3 Visa ; The EB-3 visa category is one of the employment-based immigrant visa categories in the United States. It is designed for foreign nationals who are skilled workers, professionals, or other workers seeking to permanently live and work in the United States. This visa category requires a sponsor (usually an employer) to petition on behalf of the foreign national employee who wishes to apply for this visa. In this article, we will walk you through the process of obtaining an EB-3 visa.
Step 1: Find a Sponsor
The first step in obtaining an EB-3 visa is finding a sponsor. The sponsor can be either a U.S. employer or a U.S. agent. An employer can directly hire the foreign national as an employee or contract with a staffing agency to provide temporary workers. A U.S. agent, on the other hand, can also act as a sponsor if they are authorized to do so. They must have a formal agreement with the employer to act as their representative in the employment-based visa process.
Step 2: Labor Certification
Once a sponsor has been identified, the next step is to obtain a labor certification from the U.S. Department of Labor (DOL). The purpose of the labor certification is to ensure that there are no qualified U.S. workers available to fill the position before offering it to a foreign worker. The employer must demonstrate that they have attempted to recruit U.S. workers but were unsuccessful in finding someone who met the job requirements.
To obtain a labor certification, the employer must follow the recruitment procedures established by the DOL. These procedures involve placing job ads in various publications, posting notices at the job site or career center, and conducting an interview with all qualified applicants.
Step 3: Filing the Immigrant Petition
After receiving the labor certification, the employer must file an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes that the employer has a permanent job opening and has met all the requirements for hiring a foreign worker under the EB-3 category.
The employer must provide evidence of the labor certification, proof of the employee’s qualifications, and any other required documentation. USCIS will review the petition to ensure that it meets all the eligibility criteria and determine whether the applicant is admissible to the United States.
Step 4: Adjustment of Status/Consular Processing
Once the petition is approved, the next step depends on the foreign national’s location. If the foreign national is already in the United States on a valid visa, they may apply for an adjustment of status (Form I-485) to become a lawful permanent resident (LPR).
If the foreign national is outside the United States, they must follow the consular processing route. This involves submitting documents to the National Visa Center, attending an interview at a U.S. embassy or consulate, and obtaining an immigrant visa from the Department of State.
Step 5: Obtaining the Green Card
After successfully completing the previous steps, the foreign national will receive their green card, which is proof of their LPR status. The green card allows them to live and work permanently in the United States. However, it is important to note that the green card is conditional for the first two years. During this period, the immigrant must prove that they did not obtain their status fraudulently and that they are committed to living and working in the United States.
Summary :Process for Obtaining An EB-3 Visa
The EB-3 visa is an excellent option for foreign nationals who possess the necessary skills and qualifications to live and work in the United States. To obtain this visa, they must have a sponsor, obtain a labor certification, file an immigrant petition, and either adjust their status or go through consular processing. If successful, they will receive their green card and be able to live and work permanently in the United States.