Aside from family-based immigration, employment-based immigration also puts foreign nationals who want to immigrate to the United States on the road to permanent U.S. residency. If a foreign worker locates an employer that wishes to hire him or her, that worker can come to the United States and work permanently as a lawful permanent resident. After three to five years, he or she then becomes eligible for U.S. citizenship.
Who Might Qualify for an EB-3 Visa?
There are three types of workers who might qualify for an EB-3 visa. Those types of workers follow:
- Professionals: These candidates generally have a U.S. bachelor’s degree or the equivalent thereof.
- Skilled Workers: These foreign workers have at least two years of job experience or training. They cannot be seasonal workers.
- Unskilled Workers: These individuals have less than two years of work experience or training. Like skilled workers, their jobs cannot be seasonal either.
The EB-3 Application Process
EB-3 visa involves the efforts of both the potential employer and potential employee. First, the employer must obtain certification from the U.S. Department of Labor (DOL) proving that you’re not displacing a U.S. worker. Upon receiving certification, the employee submits his or her EB-3 application at the U.S. Embassy in their country. When filing the Form 9089, the employer swears there are no qualified or willing U.S. employees to take the job and the proposed employee will be paid the prevailing wage. A Form I-140 Immigrant Petition for Alien Workers along with supporting documentation must also be submitted to the USCIS by the employer. With a completed Form I-907, and payment of an additional premium processing fee of $2,500, a decision will be made in 15 calendar days. Premium processing is only available to employers and not employees.
When Does the Employee Apply for the EB-3 Visa?
When the Form I-9089 has been approved, the employee should apply for their EB-3 visa. According to USCIS, your visa petition should be accompanied by the approved I-9089
The Foreign Worker’s Application Responsibilities
The first step for the foreign worker is to file the Form DS-261 for Choice of Address and Agent. Fortunately, this form can be completed and filed online. The worker must also submit to a medical examination by a USCIS approved physician. If any vaccines are necessary, there must be confirmation that they were administered.
EB-3 Supporting Documentation
Upon approval of the Form DS-261, the foreign worker must gather and forward the following documents in support of his or her case:
- A passport valid for more than six months before date of departure to the United States.
- The job offer from the potential employer in the United States.
- The approved labor certification.
- The I-797 approval notice.
- The confirmation page for the DS-261.
- Signed confirmation of having received all required vaccines.
- Two U.S. approved passport photographs.
- Any diplomas or work certificates evidencing academic achievement.
- A current curriculum vitae or most recent resume.
- Any records of arrest and disposition (certified copies are recommended).
- Any other documents that the National Visa Center might require.
Upon the receipt of your documents an interview is scheduled by the National Visa Center at the U.S. Embassy in the petitioner’s home country. Attendance is mandatory. The employee will be asked questions about the petitioner’s background and documents.
If approved, the National Visa Center will forward the petitioner a package that can only be opened by a USCIS representative at the port of entry. That’s when and where a final decision will be made on the person’s entry into the United States.
Whether you’re an employer or an employee, the EB-3 visa process is complex. We want to see your business flourish and a new immigrant succeed in the United States. If you have questions or concerns about the EB-3 process, contact us at Maison Law Immigration Lawyers in Bakersfield, CA. We can arrange for a consultation and discuss the issues that you’re confronted with. The likelihood of success increases drastically with a quality and effective immigration lawyer representing you.
Contact a California Immigration Lawyer Today
If you or a family member need assistance in obtaining a permanent residency in the United States, speak with a Central Valley immigration attorney at Maison Law Immigration Lawyers. We know what needs to be done to effectively help you. We’re committed to helping every person who intends on becoming a permanent resident of the United States in obtaining the professional legal assistance that they deserve. It’s people like you who built this country, and your family members can continue build it even better.
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