The EB3 is a straightforward employment-based third-priority visa for international workers who are neither professionals nor skilled employees. Keep in mind that most unskilled positions that need less than two years of training and experience can be filled on a full-time basis using EB3 visas. As long as their company is willing to sponsor them for the position and their visa application is granted, workers can get permanent residency under the EB3 visa program.
You should be aware that the EB3 green card program approves at least 10,000 visa applications for unskilled labor. You need to be aware of a few factors before submitting an EB3 immigration application. Learn more about the EB3 visa application procedure in this post.
Understanding EB3 visa
For professionals, skilled workers, and unskilled laborers who want to live permanently in the USA, the EB3 visa is a fantastic alternative. Any foreign worker seeking a green card under the EB3 visa requires sponsorship from a US corporation in exchange for a full-time employment offer.
An American business that wants to sponsor a foreign employee should first endeavor to find a suitable American employee to fill the position. The United States corporation can only sponsor a foreign worker after looking for and failing to locate a suitable American worker.
Although there are numerous green cards available for foreign workers, 28.6% of them are reserved for those with an EB3 visa. As a result, 40,000 or more EB3 visas are available each year. Additionally, only 7% of all EB3 visas may be granted to nationals of a single nation. This indicates that there are more applications for EB3 visas than there are openings. Due to the backlog that may follow, processing may take longer than anticipated, albeit this will depend on the nation from where you are applying. Nevertheless, the EB3 visa application procedure involves a number of processes. This comprises
PERM labor certification
The potential US employer must have a valid PERM labor certification in order to proceed with the EB3 visa application. The United States Department of Labor’s labor certification is available to employers who have successfully completed the PERM procedure. To sponsor a foreign worker under the EB3 visa program, a company must have an authorized labor certification. Frequently, this procedure takes at least 10 months.
Form I-140 Immigrant Petition
The potential employer must transmit a Form i-140 to USCIS once the Department of Labor confirms the PERM labor certification. You should be aware that this is the immigration petition form, and the American employer must fill it out on the employee’s behalf.
The USCIS frequently responds to completed forms between 6 and 69 months after they are submitted. The American employer may also choose to spend an additional $1,440 for expedited processing in order to receive an answer in around 15 days. However, if the USCIS has any reservations about your petition, they may issue a request for supporting documentation, which often lengthens the processing period.
The priority date
A priority date is assigned to your Form I-140 immigration petition when it is submitted. The priority date can be used to determine when you can apply for an adjustment of status or even have your interview for an immigrant visa. There may not be a waiting period for visa interviews in some countries, so you may set one up straight away. On the other side, other nations typically have greater wait times, particularly India and China.
To learn more about these wait periods, it’s a good idea to go to the USCIS website. As an alternative, you can get advice on these wait periods from your immigration visa service provider.
Employers might instruct foreign workers to file for their immigrant visa or an adjustment of status once Form I-140 is authorized and the priority date is up to date. There is a possibility that you will need to apply for an immigrant visa if you reside outside of the United States. To accomplish this, submit a Form DS-260. You could also be required to appear for a visa interview at the embassy or consulate of your home country a few months after filing the DS-260. If the interview goes well, you will receive an immigrant visa that has been stamped in your passport. Keep in mind that the full procedure may take nine months.
On the other hand, you are eligible to file for an adjustment of status if you are a legal resident of the United States with a current non-immigrant status. Your transition from a non-immigrant status to a permanent resident status is referred to as an adjustment of status. You have the option to submit Form I-485 to USCIS in order to request an adjustment of status. It’s important to keep in mind that the adjustment of status procedure might take at least 9 months to complete. The wonderful thing about a status adjustment is that, typically, it takes six months from the time your application is submitted for your advance parole and work permit to arrive.
When you have a current priority date, another advantage of the adjustment of status is that you can choose to submit your Form I-485 and Form I-140 at the same time. When it comes to the processing time for EB3, this can save you a tonne of time.
In conclusion, the EB3 is a suitable choice for professionals, skilled workers, and unskilled employees who want to live permanently in the United States. The application process for an EB3 visa entails a few phases. This covers the PERM labor certification procedure, the Form I-140 petition, the wait for the priority date, and the processing of visas or even status adjustments. Due to these stages, the EB processing time for the majority of visa applications can often take between one and three years. The waiting period may potentially be longer in other nations.
This is the justification for thinking about getting assistance from an immigration service provider. Your EB3 visa application procedure may be facilitated by receiving the appropriate advice from a respected immigration service provider.