Featured News 2013 Understanding Employment Based Immigration with an EB-3 Visa

Understanding Employment Based Immigration with an EB-3 Visa

This visa is a third preference category (out of five) for employment visas. Whereas the EB-1 visa is only for high-level workers, such as outstanding professors and researchers, EB-3 visas are available to professional workers, skilled workers, and unskilled workers alike. That covers just about everyone. While this mean it is by far much easier to qualify for this green card, it also entails a longer waiting period.

First of all, to get a green card through an EB-3 visa, a worker must have an offer of employment, permanent and full-time employment. If you have this, then you can go on to get a labor certification approved by the U.S. Department of Labor. What this certification means is that the employer who offered you the job had at first tried to hire U.S. workers, but the employer could not find any who met the job requirements and/or who wanted the job.

As far as qualifying for this visa, just as with all of immigration law, this process can also be complex. It certainly does not help that important terms are not always delineated clearly. This includes clarifying what it means to be a professional worker. There are some rough guidelines for this term though. Architects, engineers, lawyers, physicians, and teachers qualify as professional workers. Most workers who have a university degree in their line of work will probably be considered professionals. Someone with no more than a bachelor's degree and less than five years of experience in the workforce will probably fit this category, as long as the job offer is for a job that usually demands at least a 4-year degree. If you have at least five years of work experience, you might be able to qualify for an EB-2 visa, which is a higher preference visa.

Skilled workers refer to those who work at jobs where a bachelor's degree is not necessary. These workers must have no less than two years of training or work experience though. Thus technical workers could qualify as skilled workers, as could some chefs, journalists, fashion designers, stonemasons, and many others. Postsecondary training in one's line of work could qualify as training. Again, the law is not explicit on the qualifications for this category. You might be able to find the training and experience qualifications your potential job requires on the Department of Labor's website: http://online.onetcenter.org.

If someone does not fit either of the above qualifications, then this person could fall under the category of an unskilled worker. This often means jobs where fewer than two years of experience or education are necessary. This can mean nannies, garden workers, nurse's aides, farm workers, and more. There are still job requirements, but they are specific to whatever job is being offered.

A reason that there will be a long wait with an EB-3 visa is the limited number of such visas that are issued: 40,000 every year. Ten thousand of these EB-3 green cards are set aside for unskilled workers. With less than a third available under this category, that means there is incredibly stiff competition for unskilled workers. Any wait is also affected by limits imposed on how many green cards are issued to each country. Unskilled workers may have to wait as much as ten years before getting a green card to work in the U.S.

It is usually best to not wade through these complex legal processes on your own. Consult with an experienced immigration attorney about your options. You can find out if you qualify for an employment-based green card, and for which one you could qualify.

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