EB-3 visa

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EB-3 is a visa preference category for United States employment-based permanent residency. It is intended for "skilled workers", "professionals", and "other workers". [1] Those are prospective immigrants who don't qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog may be longer. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. [2] There is no "self-petition" category. [3]

Contents

Eligibility criteria

The EB-3 category has three subcategories: EB-3A, Professionals; EB-3B, Skilled Workers; and EB-3C, Other Workers. [4] For each, eligibility requirements include:

Separate requirements for each category are:

Quotas

As of September 2012, the Department of State determined that the FY-2012 numerical limit for the worldwide employment-based preference must be 144,951, and the per-country limit must be 7% of the worldwide cap, regardless of the population of the country (this explains the enormous backlog for India and China). Out of this, the EB-3 category is limited to 28.6% of the worldwide level, plus any numbers not used by EB-1 and EB-2 ("spillover"), and with not more than 10,000 for "other workers". [5]

Application

The application process begins with obtaining a Permanent Labor Certification, by submitting ETA Form 9089. The applicant does not need to be employed when the labor certification is filed; a future job offer is sufficient. [6] The labor certification will accompany the actual application, the Petition for Alien Worker (Form I-140), which will confirm the applicant's [States under E34, E35, EW4 or EW5 visas. [1] During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to EB-2. [3] [7]

As of February 2016, the Department of State application processing fee for employment-based immigrant visas is US$345. [8] The fee for the USCIS Immigrant Petition for Alien Worker (form I-140) is US$700. [9] Other costs include medical examination and, if applicable, required vaccinations; translations; fees for obtaining supporting documents such as passport, police certificates, birth certificates, etc.[ citation needed ]

See also

References

  1. 1 2 "Employment-Based Immigration: Third Preference EB-3". USCIS. Archived from the original on 2013-09-08. Retrieved 2012-08-23.
  2. "The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition". Employment-Based Immigrant Visas. Bureau of Consular Affairs. Archived from the original on 15 September 2012. Retrieved 27 August 2012.
  3. 1 2 "Employment Based Green Cards". ImmInfo.com. Archived from the original on 2011-11-21. Retrieved 2012-08-23.
  4. "Employment-Based Immigration: Third Preference EB-3 | USCIS". 2 December 2020.
  5. "Visa Bulletin For September 2012". Bureau of Consular Affairs. 2012-08-23. Archived from the original on 2012-08-15. Retrieved 2012-08-23.
  6. "EB-3 Bachelor's degree, Skilled Workers". US Immigration Lawyer, Law Offices of Rajiv S. Khanna, PC, Rajiv S. Khanna. 2009-02-02. Archived from the original on 2022-06-28. Retrieved 2012-08-23.
  7. "EB-3 vs. EB-5 Visa". Monday, 4 March 2019
  8. "Fees for Visa Services". Bureau of Consular Affairs. Archived from the original on 2017-08-12. Retrieved 2016-02-08.
  9. "Check Filing Fees". Department of Homeland Security. USCIS . Retrieved 2016-02-08.