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There are several options available for foreign nationals to reside in the U.S. as guest workers under the EB-3 program. The following options are determined based on merit and ability verified through meeting credential requirements and experiential criteria:
Skilled Worker. Under this category, skilled workers are defined as people whose jobs require a minimum of 2 years of training or experience as outlined on their labor certification. The job cannot be temporary or seasonal in nature. Education, training, or experience must adequately satisfy the requirements of the job opportunity. Relevant post-secondary education may be considered as training. The work performed must not displace qualified workers in the U.S. from accepting job opportunities. Lastly, hopeful candidates must obtain a labor certification and a permanent, full-time job offer before petitioning for work under an EB-3 visa.
Professional. Applicants in this category must hold a U.S. baccalaureate (B.A.) or an equivalent degree in the related field. The B.A. should also be the normal requirement for entry into the occupation. Education and experience may not be substituted for a B.A. For professional applicants, simply having the degree is not enough — the position itself you are seeking to fill must also require a bachelor’s degree. Again, eligibility for this category is determined by verifying that you are performing work for which qualified workers are not available in the U.S. Obtaining a labor certification and a permanent, full-time job offer before petitioning for work under an EB-3 visa is also required when petitioning as a professional under the EB-3 program.
Unskilled Worker. Workers in this category must demonstrate their ability to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature. The work performed must not compete with available qualified workers in the U.S. The requirements specified on the labor certification must be met with a permanent, full-time job position offered.
There are several steps to be completed under the EB-3 visa process, with the employer initiating the first step. To begin, the employer must file a petition on behalf of the employee using a Form I-140. Proof that the offered wage will be continuously paid must be presented by the employer to the United States Citizenship and Immigration Services (USCIS). Evidence that the wage will be provided for until the foreign national employee can get permanent resident status is also required. The following steps are necessary to complete an I-140 form and petition on behalf of the guest worker:
EB-3 recipients can bring immediate family members with them. A legal spouse of a skilled worker or professional will have access to an E34 visa, whereas the spouse of an “other” worker type can seek admission under an EW-4 visa. Unmarried children under 21 years old will usually come under the E35 for skilled workers and professionals, or under the EW-5 visa for “other” worker types. Spouses have the opportunity to apply for an Employment Authorization Document while waiting for their permanent residency application process to go through. This provides spouses with the opportunity to work freely in the United States.
With all of the steps involved, your EB-3 visa processing time can take from a year and a half to three years to complete. If you are adjusting your status from another temporary or nonimmigrant visa program and currently reside in the U.S. then you will be able to bypass the I-485 process. Petitioners who do not currently reside in the U.S. will need to go through consular processing. This will require setting up an appointment with a U.S. consulate or embassy. At the appointment, an interview will be conducted to determine the legitimacy of your case. The consulate representative will ask questions to establish that you are who you say you are and that your intent to live permanently in the U.S. under EB-3 status is above board.
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The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
