A lot of the employment immigrant visas the U.S. issues are based on exceptional abilities or advanced degrees possessed by the applicants. The EB-3 visa, however, is a pathway to permanent residency for professional workers who hold basic degrees, as well as for skilled and unskilled workers. If you think you qualify for an EB-3 visa, contact the San Jose immigration attorneys at the Law Office of Alison Yew to evaluate your case. We’ve helped many non-U.S. citizens take their first step toward achieving the American Dream.
Who is eligible for an EB-3 visa?
The EB-3 visa, also known as a third preference immigration petition, is issued to the following:
These are workers who possess a U.S. bachelor’s degree or foreign equivalent. They must also be able demonstrate that a bachelor’s degree is the normal requirement for entry into the occupation.
These are individuals who perform occupations that don’t generally require college degrees, but have at least two years of job experience or training, indicating a certain level of proficiency. Most of the time, skilled workers have post-secondary degrees, licenses, or certifications. Skilled workers include graphic designers, fashion designers, journalists, chefs, and computer and technical workers.
Unskilled/ Other Workers
These are workers who possess less than two years’ training or experience in their field of employment. Essentially, individuals who do not possess the required training or education to meet the subcategories mentioned above fall under the EB-3 subcategory of unskilled workers. Examples include nurse’s aides, nannies, and janitors.
It is important to note that professional and skilled workers share the same allotment of visas under the EB-3 category, which is 30,000 per year. Unskilled/ other workers, however, draw from a separate pool of only 10,000 visas, so they have to wait much longer for their Green Cards.
How does one apply for an EB-3 visa?
To obtain an EB-3 visa, you must have a permanent full-time job offer and an approved Labor Certification. Your employer must file the Labor Certification with the U.S. Department of Labor, confirming that they attempted to recruit U.S. workers for the job opening, but didn’t find anyone who was willing or qualified. The Labor Certification should also indicate that the position requires the education, training, or experience you have. (Learn more about PERM/ Labor.)
Once the Labor Certification is approved, your employer should submit an immigrant visa petition (Form I-140) and other necessary documents to the USCIS on your behalf. Depending on the visa preference category, your country of birth, and the changes in visa demand, you may need to wait for an immigrant visa number to become current before you can apply to adjust your status (if in the U.S.) or apply for an immigrant visa from a U.S. consulate abroad. For this category, there is generally a wait time for individuals whose country of birth is China, India, Mexico, or the Philippines.
In such cases, you are assigned a priority date (the date the Labor Certification is filed). You will have to wait until your priority date is “current” before you can apply for an immigrant visa abroad or for an adjustment of status.
For the EB-3 visa, your spouse and/ or (minor) children may accompany you and be eligible to receive permanent resident status.
Why is a San Jose EB-3 visa attorney needed for the process?
The EB-3 visa requires less documentation and proofs of evidence than the EB-1 visa and EB-2 visa categories, but that doesn’t mean the process is easier to navigate on your own. The demand for EB-3 visas are high, making it difficult to obtain. It is for this reason that it’s extremely important to retain an EB-3 visa attorney in San Jose to help you understand the complex U.S. immigration system.
Having competent legal counsel to guide you through every stage of the application process increases your chances for approval. Our EB-3 visa lawyers have extensive experience and accomplished track records of obtaining EB-3 Green Cards for our clients.
The San Jose immigration attorneys at the Law Office of Alison Yew are ready to help! Contact us today for more information or a free case evaluation.