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Many foreign-born employees qualify for an EB-3 visa in the United States. However, not every business is aware of how to sponsor an EB-3 employee, and similarly, many prospective visa holders are not sure how to prove that they qualify. Brown Immigration Law is available to help both employers and employees nationwide understand the requirements for EB-3 immigration. With offices in Florida, North Carolina, and Ohio, our attorneys are available to help answer questions, handle paperwork, fight a denial, and build an immigration law strategy that works for your needs.
Who Is Eligible for an EB-3 Visa?
Unlike the more restrictive EB-1 and EB-2 visas, EB-3 visas are available to a broader category of worker in the United States. However, there are caps on how many EB-3 visas are available; they make up only 28.6% of the 140,000 permanent employment visas offered. This creates high demand and many competitive applicants may be denied.
Working with a skilled US immigration attorney from Brown Immigration Law may increase your chances of receiving an EB-3 visa if you are a qualified candidate. The three categories for EB3 visas are:
- Skilled workers: Skilled workers will have at least two years of experience or training in their field in order to meet Schedule A requirements. You may be asked to supply your official academic transcript and records, as well as supplemental letters from current or former employers. Many successful applicants as skilled workers may also demonstrate relevant post-secondary education as training, such as a masters degree or equivalent.
- Professionals: For professionals, you must demonstrate that you hold at least a US bachelor’s or foreign equivalent degree. Your employment must require at least a bachelor’s degree in order to enter into the occupation. Additionally, you may be asked to show that you meet the job requirements, as well as provide your academic records and transcripts. Relevant experience may not be substituted for these credentials.
- Other workers: To qualify as an unskilled worker for an EB3 visa, you must have a labor certification from your US-based employer that requires less than two years experience or training. You must meet all of the qualifications to perform this role.
What Are the EB-3 Visa Requirements?
EB-3 requirements include a permanent, full-time job offer from a US-based employer. They must provide a labor certification, or application for a Schedule A designation, in order to petition on your behalf. Because of this, EB-3 visas are often utilized by businesses looking to hire outside of the US, and are less commonly filed by individuals on their own behalf.
Requirements for Workers
Workers must have a full-time job offer in hand from an employer that is based in the United States in order to apply for an EB 3 visa. You may also be required to furnish your bachelor’s degree or foreign equivalent, as well as an academic transcript that shows you graduated in good standing from your college or university. You may be asked to provide supplemental letters from prior employers. Finally, there is a biometrics processing appointment that you will be asked to attend and submit to fingerprinting.
Requirements for Employers
Employers must fill out an Immigrant Petition for Alien Workers on behalf of the employee that they are seeking to hire. They must provide a labor certification in addition to providing a full-time, permanent job offer.
About Labor Certification for the EB3 Visa
EB3 visas are an employment-based immigration strategy. These third-preference visas must be backed by a labor certification from a valid US employer that shows that qualified US workers are not available for the job. This labor certification must also demonstrate that the foreign candidate will be paid the prevailing wage.
The only exception available is for designated Schedule A positions. Current examples include professional nurses and physical therapists, or any other role that the Department of Labor has deemed is in short supply in the US workforce. These roles may be able to bypass filing for PERM labor certification.
What Is the Average EB-3 Processing Time?
Completing all of the EB-3 steps can take anywhere from one to five years. EB-3 visa processing times can vary based on employer responsiveness, your country of origin, changes to US immigration policy, delays from academic institutions regarding transcripts, and other issues that might arise.
Applying for a green card after receiving an EB-3 visa can take more time as well. However, receiving an EB-3 visa is a promising first step to permanent residency for foreign workers.
How Much Does an EB 3 Visa Cost?
There is a $715 filing fee as well as an additional $235 immigrant fee that must be paid when applying for an EB 3 visa. An adjustment of status application can increase your cost by $1440 when filed after an EB 3 visa. There may be additional fees that apply to your situation, as well as legal costs and expenses.
How Our Immigration Lawyers Can Help With EB-3 Visas
At Brown Immigration Law, our attorneys are dedicated to securing you and your company’s future. Working with Brown Immigration Law allows you to be confident that your immigration forms are accurate, filed correctly, and that you have dedicated legal strategists pursuing your case. We can ensure that missing or late documentation, errors or time wasted on ineligible applications are a thing of the past when you file through our firm. Brown Immigration Law is also available to take over cases that have been previously misfiled or require an appeal.
Do You Have an EB-3 Visa Lawyer Near Me?
Brown Immigration Law maintains offices in three states and multiple cities. Our offices are located in Cleveland, Columbus, Raleigh-Durham, Tampa, and Orlando. In addition, we assist clients nationwide with immigration concerns.
Contact Brown Immigration Law for Help with EB3 Visas
With over ten decades of experience combined on our staff, Brown Immigration Law is confident that we can match you with the best immigration attorney for your needs. Contact us to get started on an EB-3 visa and any additional paperwork necessary for your case. Our offices are located in the three states of Florida, North Carolina and Ohio, and we serve clients nationwide. Call us today at 888-861-4414 or get in touch via our contact form.
