December 19, 2016 Katie

EB-3 VISA

EB-3 VISA

 

EB-3 VISAS: SKILLED WORKERS

WHO IS ELIGIBLE?

There are several immigrant visa categories that are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

 

SKILLED WORKERS

  • You must be able to demonstrate at least two years of job experience or training. Relevant post-secondary education may be considered as training
  • You must be performing work for which qualified workers are not available in the United States
  • A labor certification and a permanent, full-time job offer are required

 

PROFESSIONALS

  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent to a U.S. baccalaureate degree related to the occupation, and that this baccalaureate degree is the normal requirement for entry into the occupation
  • You must be performing work for which qualified workers are not available in the United States
  • Combinations of degrees less than a baccalaureate degree and/or experience may not be substituted for a baccalaureate degree. The degree must be in the form of an official college or university record
  • A labor certification and a permanent, full-time job offer are required.

 

UNSKILLED WORKERS (OTHER WORKERS)

  • You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States
  • A labor certification and a permanent, full-time job offer are required.

Note: EB-3 VISA Petitions for certain classifications must be filed with an original individual labor certification from the U.S. Department of Labor

 HOW TO APPLY

Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Worker. As part of the petition process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of your visa priority date until you obtain lawful permanent resident status.

Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

 

To petition for a foreign worker, the employer must:

  • Obtain an approvedApplication for Permanent Labor Certification from the U.S. Department of Labor (DOL) if required for the specific visa category. (If a labor certification is not required for the visa category, the employer only needs to file the Form I-140 and other required documents
  • Complete theForm I-140, Immigrant Petition for Alien Worker. Review the form instructions for directions on completing the Form I-140
  • Submit the Filing Fee(s).Include the appropriate filing fee with the Form I-140. Refer to Form I-140 instructions for further details
  • Submit Evidence.Include all required initial evidence and supporting documentation for the Form I-140
  • Sign and File the Form I-140. File the petition at the correct filing location according to form instructions