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]
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:
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]
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 ]
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS). For employment-based immigration beneficiaries, the priority date is the date an immigration petition is filed at USCIS, under categories where a labor certification is not required, or when the United States Department of Labor receives a labor certification application, under categories where a labor certification is required. In all cases, the priority dates are not established until USCIS approves the immigration petition. The date establishes one's place in the queue for a family-sponsored or employment-based or permanent residency permit application.
Permanent Labor Certification is a process step required by some categories of employment-based immigration to the United States of America. Its stated goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". U.S. workers are U.S. citizens, nationals or U.S. lawful permanent residents.
An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.
The EB-1 visa is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.
EB-2 is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States". Applicants must generally have an approved Permanent Labor Certification, a job offer, and their employer must have filed an Immigrant Petition for Alien Worker with the USCIS.
The American Competitiveness in the 21st Century Act (AC21) was an act passed by the government of the United States in October 2000, pertaining to immigration to the United States. It was a complement to the American Competitiveness and Workforce Improvement Act that had been passed in 1998. The focus of AC21 was to change rules related to portability and caps for the H-1B visa to increase the effective number of visas available and make it easier for workers on those visas to switch jobs. Although the language of the Act references the Immigration and Naturalization Service (INS), the INS would soon be restructured and the functions of the INS referenced in AC21 would be handled by United States Citizenship and Immigration Services.
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to employers filing Form I-129 or Form I-140. To avail of the service, the employer needs to file Form I-907 and include a fee that is $1,500 for the H-2B and R classifications and $2,500 for all others.
The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. These forms begin with the letter "I". None of the forms directly grants a United States visa, but approval of these forms may provide authorization for staying or extending one's stay in the United States as well as authorization for work. Some United States visas require an associated approved USCIS immigration form to be submitted as part of the application.
Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary. The USCIS officer who evaluates the petition is called the adjudicator.
The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s) to take the visa interview at a consulate abroad. It is located in Portsmouth, New Hampshire. It was established on July 26, 1994, on the site of an Air Force base that was closed down by The Pentagon.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L.Tooltip Public Law 106–553 (text)(PDF).
Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.
A National Interest Waiver is an exemption from the labor certification process and job offer requirement for advanced degree/exceptional ability workers applying for an EB-2 Visa for Immigration into the United States.
The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by a nursing shortage.
The R-1 visa is a non-immigrant visa which allows travel to the United States for service as a minister or other religious occupation. Between October 2019 and September 2020, there were 2,399 R visas issued.