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USA EB3 Visa

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USA EB3 Visa

About Visa:

Skilled professional with a job offer can migrate to USA with an EB3 Visa. A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

  • Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  • Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  • Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Features:

1. U.S. Department of Labor - Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the "Department of Labor: Foreign Labor Certification" page.

2. Application Process

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, see the "File My Application Online" link to the right.

3. Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in E34 (spouse of a "skilled worker" or "professional") or EW4 (spouse of an "other worker"). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a "skilled worker" or "professional") or EW5 (child of an "other worker").

4.Official site link: https://travel.state.gov/content/visas/en/immigrate/employment.html

Requirement:

In general, the following documents are required:

  • Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country. Please review the instructions for guidance
  • Form DS-260, Immigrant Visa and Alien Registration Application.
  • Preview a sample DS-260 (6.4MB).
  • Two (2) 2x2 photographs. See the required photo format explained inPhotograph Requirements.
  • Civil Documents for the applicant- See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated.
  • Financial Support - At your immigrant visa interview, you must demonstrate to the consular officer that you will not become a public charge in the United States.
  • Completed Medical Examination Forms - These are provided by the panel physician after you have completed your medical examination and vaccinations

Skilled Workers:

  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States
  • Labor certification and a permanent, full-time job offer required.

Professionals:

  • Labor certification and a permanent, full-time job offer required.
  • You must be performing work for which qualified workers are not available in the United States
  • Education and experience may not be substituted for a baccalaureate degree
  • Labor certification and a permanent, full-time job offer required.

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 job offer required.


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