EB-3 Category Visa FAQ
Are you interested in working in the United States as a foreign national? You may be eligible for an EB-3 preference visa. Here, an experienced immigration attorney answers a few common questions about the EB-3 visa application process.
Do I Qualify for an EB-3 Visa?
You could qualify for this visa preference category if you are a skilled worker, professional, or other worker with a permanent, full-time job offer in the United States.
What are Skilled Workers?
To be considered a skilled worker, you must have at least 2 years of job experience, education, or training that meets your job requirements on the labor certification. If relevant, post-secondary education could fit the training requirement.
What are Professionals?
To be considered a professional, you must have a U.S. bachelor’s degree or foreign equivalent. You must also prove that your degree is the normal requirement for your occupation. Education and experience cannot replace a bachelor’s degree.
What are Other or Unskilled Workers?
To be considered an other or unskilled worker, you must show your ability to perform unskilled labor. This is classified as any labor that requires less than 2 years of training or experience.
Are there any other requirements for eligibility?
You must have a labor certification from the Department of Labor to qualify under all three categories. This certification allows your employer to hire you to work permanently in the U.S. Your employer is required to obtain this certification application before they can submit your immigration visa application.
Aside from the labor certification, you must also have a permanent, full-time job offer.
You must be taking a job for which no qualifying workers are available in the United States. Under these guidelines, your employment cannot negatively affect the salaries or working conditions of U.S. workers in similar positions.
The EB-3 Visa Application Process
Your employer will file a Form I-140, Petition for Alien Workers to start the process. Within the application, your employer must show their ability to pay the listed wage. They can use a federal income tax return, an annual report, or other audited financial statements to prove this ability.
Additionally, your employer must submit evidence that you have the necessary training, education, degree, or experience for the listed job.
Can My Family Gain Visas through My EB-3 Visa?
In short, yes. If your I-140 application is approved, your spouse and unmarried children under 21 can apply for visas under the following categories:
- E34: spouse of skilled worker or professional
- EW4: spouse of an “other worker”
- E35: child of a skilled worker or professional
- EW5: child of an “other worker”
Estimated processing times are always changing. You can check the status of your application here.
Talk to the Immigration Lawyers at JAD Law
The U.S. Immigration visa application process can be lengthy and confusing, but an experienced immigration lawyer can help you navigate it. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
