With an EB3 visa, workers can go and stay in the US permanently and work without any need to obtain an EAD. Besides family and relative immigration visas, the US also provides visas for people who qualify to work in the country. Namely, these Employment-Based Immigrant Visas allow foreigners who have found an employer willing to hire them to come to the US and stay permanently because of the job, without any need for them to obtain an Employment Authorization Document. Here are some tips on how to migrate to the US as a skilled worker.
First Things First, What Is an Employment-Based Immigrant Visa?
EB3 visa is a so-called Third Priority Worker visa that allows three types of workers to go to the US permanently and work there for the time being. These groups of workers include:
- Skilled workers: those who have already completed at least two years of job experience or training.
- Professionals: those who can prove that they have already earned a higher education degree or its equivalent, such as a Bachelor's Degree.
- Unskilled workers: this is the category of workers who have less than 2 years of working experience or training. To this end, unskilled workers get the EW-3 visa.
The very important thing to know about this visa is that the number of EB3 visas is limited, and there is a specific number of this kind of visa issued per year. Out of the total 140,000 immigrant visas issued for work purposes, 28,6% are allocated for the EB3. Once this quota is reached, the rest of the visa applications are put on hold until next year. So, if you are offered visa sponsorship jobs in the USA, then both you and your employer need to act instantly so the procedure is done as soon as possible. The moment the required number of visas is issued, there is no way back.
Who Can Apply for a Visa?
For you to qualify for the EB3 visa, the worker needs to prove the following instances:
- That they are offered a valid and permanent job by the US employer.
- That they have all the needed qualifications to meet general job requirements in terms of levels of education, training, and job experience.
On the other hand, on the employer's behalf, the US employer must also prove a couple of instances in which they may continue to sponsor a foreign worker for the visa issuing:
- That the employer could not find qualified, available, or willing US workers to handle the job position.
- Financial stability to pay for the foreign worker, and they are able to sponsor the worker.
How to Apply for a Working Visa in the US?
Application for the EB3 visa has a couple of steps that may involve both the employee and the employer who is willing to hire a foreigner. Therefore, the application process for this kind of visa has two parts:
- The US employer needs to obtain so-called labor certification and fill out necessary applications or petitions.
- If these get approved, the foreign employee may apply for a visa at the US Embassy in their homeland.
Work Visas: Procedures from US Employer
Getting the LC (Labor Certification)
One of the requirements for US employers is to be able to provide proof that there are no US employees for the job position they are hiring the foreign worker for. One of the ways to get this done is by receiving a labor certification from the US Department of Labor. In addition, the US employer is obliged to prove that it will never discriminate against foreign workers.
Filling the Petition
For you to get final approval for hiring the foreign employee, the employer must petition the US Citizenship and Immigration Services. This specific procedure is done by Form I-140, Immigrant Petition for Alien Worker. Once the form is filled out, the USCIS will require employees to attach some supporting financial documents, such as audits, statements, tax returns, and others, so they can evaluate whether they are able to pay for the foreign worker and provide for the additional employees as well. After all of the steps are completed, the USCIS will evaluate the petition and decide whether to approve it or not.
EB3 Application Procedures Done By US Employee
File Form DS-261, Choice of Address and Agent
This one is online and is done by a foreign worker. Every single form section needs to be filled out before it is submitted. This type of form serves as a visa application for the foreign worker at the US Embassy in their country of residence. When you, as a foreign worker, submit this form, you will receive the confirmation page, which you should send to the NVC with all of the additional documents.
Completed Medical Examination and Vaccination
One of the conditions for moving to the US permanently is to meet all of the medical conditions. This means that you need to go through the NVC package and pay a visit to a licensed doctor so they can complete your necessary documents and do the required checkups. If you do not have all of the vaccines, you will need to take them.
EB3 Supporting Documents
Once the NVC approves your Form DS-261, you must send all of the supporting documents relevant to your case. The documents required for the EB3 visa application include:
- Your passport, which needs to be valid for more than 6 months after you plan your departure to the USA,
- The approved labor certification,
- Your employment offer from the US employer,
- Your DS-261 confirmation page,
- Academic achievements, aka diplomas and certificates
- Court and criminal records
- Your CV and resume
- Two photographs
- Medical and vaccine documents
- Approved petition
Depending on the case, the NVC may also require some additional documents, so you are obliged to follow all of their instructions carefully.
Attend the Visa Interview
Once the NVC reviews all of your documents, they will schedule the interview at the US Embassy. You need to attend this interview at the scheduled time. The US official will also go through your own background and documentation, and they will finally decide whether or not they will approve your EB3 visa.
A lot of people are immigrating to the USA because of the better living standards and better possibilities for careers and jobs. However, not many know that the procedure for receiving a visa is quite long and thorough. So, if you are intending on receiving this visa as well, you should prepare yourself.