Visa for Professional and Skilled Workers
The EB-3 belongs to a large category of employment-based (EB) immigrant visas. The EB-3 visa allows professionals, skilled and certain unskilled workers, who cannot classify for an EB-1 or EB-2 visa, to obtain a Green Card.
The requirements for an EB-3 are less rigorous, but this Visa classification is backlogged, and the wait period for in of over 3 years generally.
For the citizens of India and China, the process can even exceed 10 years. During the lengthy application and process and wait period, some people may acquire additional experience or credentials, and gain an "upgrade" to the EB-2 visa.
The EB-3 visa includes three categories:
Professional workers with at least a U.S. baccalaureate degree in the United States or foreign degree equivalent. The baccalaureate degree must be the normal requirement for the practice of that profession. This category includes professions such as lawyer, doctor, architect, engineer, or teacher. A worker with a bachelor's degree and less than five years of work experience can opt for this category.
- EB-3B,for Skilled workers with at least two years of job experience or training, not of temporary or seasonal nature. The job does not require a bachelor's degree and includes professions such as chef, journalist, stylist, or technician in charge of information technology. Professional and Skilled workers need a Labor certification and a full-time job offer. You must be performing work for which qualified workers are not available in the United States.
- EB-3C for, the subcategory "other workers" is for people performing unskilled labor. Unskilled job requires less than two years of training or experience, not of a temporary or seasonal nature. This category includes occupations such as: baby sitter, housekeeper, caretaker, garden maintenance worker or nurse.
Therefore, an occupation which requires training or experience of less than two years, is usually considered "unqualified".
As a New York Immigration Attorney, I have experience with EB-3 Visas, included DOL Audits and RFEs from USCIS.
The employer must be interested in hiring you and willing to petition for you. Then, the employer must demonstrate he or she has recruited potential candidates, but no U.S. workers were qualified, willing, and available. The employer must complete a Labor Certification application and send it to the Department of Labor (DOL). The employer must then file a "Petition for Alien Worker" through the Form I-140, to the U.S. Citizenship and Immigration Services (USCIS), demonstrating the ability to pay the offered wage. The employer may use an annual report, the tax return or an audited financial statement, to demonstrate the ability to pay the wages. Finally, evidence must be submitted that the alien meets the job requirements, such as a copy of a bachelor's degree or any other evidence.
The spouse and children under 21 of age, can get a Green Card, under the E34 (spouse) or E35 (son or daughter)
The USCIS grants 140.000 EB visas each year, including EB-1 and EB2 or the immigrant investor EB-5. Only 40,000 are reserved to the EB-3 category. Of these, only 10.000 EB-3 visas are for unskilled workers.
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