The United States, renowned for its diverse opportunities, attracts individuals worldwide who are seeking better career prospects and a higher standard of living.
The EB-3 visa is a great opportunity for both skilled and unskilled workers looking to establish themselves in the U.S.
However, navigating the complexities of EB-3 and how to qualify for this visa requires a complete understanding of its eligibility criteria, application procedures, and the commitment involved.
Understanding the EB-3 Visa
The EB-3 visa is an employment-based immigrant visa divided into three subcategories:
- Skilled Workers: Roles and positions requiring at least two years of training or experience.
- Professionals: Roles necessitating a U.S. bachelor’s degree or foreign equivalent.
- Unskilled Workers (Other Workers): Jobs requiring less than two years of training or experience, not of a temporary or seasonal nature.
For unskilled workers, the focus is on the “Other Workers” subcategory, which facilitates permanent residency for individuals filling positions that meet these criteria.
Eligibility Criteria for the EB-3 Unskilled Worker Visa
To qualify for the EB-3 visa, applicants must meet specific requirements:
- Job Offer Requirement
To qualify for an EB-3 visa, applicants must secure a permanent, full-time job offer from a U.S. employer willing to sponsor their visa application.
The job must be for a position requiring less than two years of training or experience and should not be temporary or seasonal.
- Labor Certification (PERM Process)
The sponsoring employer must obtain a labor certification from the U.S. Department of Labor (DOL).
The Program Electronic Review Management (PERM) process requires employers to demonstrate that no qualified U.S. workers are available for a specific position.
Additionally, they must show that employing a foreign worker will not negatively impact similarly employed U.S. workers’ wages and working conditions.
- Experience and Training
The position offered must require less than two years of training or experience. Additionally, it must be permanent, not seasonal or temporary.
The Application Process for EB-3 Visa
The EB-3 visa application process involves several key steps:
- Labor Certification (PERM)
Recruitment Process: As part of the Program Electronic Review Management (PERM) process, employers must conduct a comprehensive recruitment campaign to assess the U.S. labor market.
Filing ETA Form 9089: If no qualified U.S. workers are found, the employer files ETA Form 9089 with the Department of Labor (DOL) to obtain labor certification.
- Form I-140 Petition
Upon approval of the labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant.
This petition establishes the applicant’s eligibility for the EB-3 visa and the employer’s intent to hire them.
- Adjustment of Status or Consular Processing
If the applicant is already present in the U.S. under a different visa status, they may file Form I-485 to become a lawful permanent resident.
In case the applicant is outside the U.S., they will apply for an immigrant visa at a U.S. embassy or consulate in their home country.
Family Inclusion
The EB-3 visa allows for the inclusion of immediate family members:
- Spouses
Spouses are eligible to apply for Employment Authorization Documents (EAD), which permits them to work in the U.S. This opportunity allows them to contribute to the household income and pursue their professional interests.
Also, spouses can access various benefits of permanent residency, such as healthcare and social services.
- Unmarried Children Under 21
Unmarried children under 21 can accompany the primary applicant and are permitted to attend school in the U.S.
This access to the American education system provides them valuable academic and extracurricular opportunities and facilitates a smoother integration into their new environment.
Furthermore, residing in the U.S. may open doors to these children’s future educational and professional prospects.
Conclusion
The EB-3 visa presents a valuable opportunity for unskilled workers who are looking for permanent residency in the United States. Applicants can navigate the path to employment-based immigration more effectively by understanding the eligibility criteria and application process.
Seek professional guidance to ensure all requirements are met and to enhance the likelihood of a successful application.
Why Choose eb3.work for Your Employment-Based Immigration Needs
Navigating the complexities of employment-based immigration can be challenging for those seeking permanent residency in the United States.
eb3.work is a trusted platform that simplifies this process by connecting foreign nationals with legitimate U.S. employers offering EB-3 visa sponsorship.
With over 20 years of experience, their team of immigration professionals and attorneys provides personalized support throughout the entire application process. They are competent enough to ensure a smoother journey toward achieving your American dream.