Employment-Based Immigration Third Preference
The EB-3 green card is an employment-based permanent residency category. An EB-3 visa allows certain individuals to apply for permanent residency in the United States based on their employment but applying for one can be challenging. With an EB-3 visa, one can live and work in the U.S. permanently.
This category is for skilled, professional, or “unskilled” workers.
1. Professional: If you hold a bachelor’s degree or its foreign equivalent.
2. Skilled: If you are experienced in working in a distinct occupation that needs at least two years of training.
3. Unskilled: If you possess less than two years of work experience or vocational training.
This visa is generally more suitable for foreign workers with a permanent job offer in the U.S. while also meeting the work experience and educational requirements. The experienced visa lawyers of Passage Immigration Law can assist you throughout the process, assist you with determining your eligibility and the appropriate labor category, and help you throughout the application process.
Requirements and eligibility for EB-3 skilled workers and professionals
If you have at least two years of work experience or training and a job offer from a U.S. employer, you may qualify for permanent residency as an EB-3 skilled worker. The position offered to you must also require at least a minimum of two years of experience for entry. Also, if you have a bachelor's degree and you receive a job offer from a U.S. employer in a profession requiring such a degree as a minimum, you can qualify as an EB-3 professional. Your degree must be a four-year bachelor’s degree, and you cannot substitute work experience to satisfy the education requirement for this category.
If your degree was obtained outside of the U.S., you must receive an independent credential evaluation showing that it is the equivalent of a four-year degree from a U.S. institution. To qualify for an EB-3 professional position, your job requirement does not have to be limited to education and can require work experience in addition to a bachelor’s degree as the minimum requirement. If, however, the work experience requirement of your offer is for more than five years, you may also qualify for the EB-2 (second preference) category, depending on your position.
Both EB-3 skilled workers and professionals will need to have an approved PERM Labor Certificate from the U.S. Department of Labor as a prerequisite to show that no qualified workers are available in the U.S. for your position.
EB-3 other workers
If you have a permanent job offer from a U.S. employer for a position that requires less than two years of experience, you can qualify under the “other workers” category of an employment-based green card. The position cannot be temporary or seasonal in nature, and you need your employer to file Form I-140 with USCIS after obtaining certification from the U.S. Department of Labor. There are fewer immigrant visas allocated for this category compared with EB-3 professionals or skilled workers, so it might take longer for you to obtain your green card, depending on your nationality and the time of your application.
Steps for EB-3 green card
Step 1: Find an employer and obtain labor certification
First, you should find an employer who is willing to sponsor you for the green card process. That employer will go through an extensive recruitment process and determine the prevailing wage for your job position in the territory that you will be working to get the PERM Labor Certification from the Department of Labor.
Step 2: Submit Form I-140
In the next phase, your employer will file an I-140 petition with the USCIS. Once the petition is registered, that date will mark your priority date. You have to wait and see the monthly visa bulletin released by the Department of State to watch if your priority is “current,” meaning that it passes the final action dates given in the most recent bulletin.
Step 3: Submit Form I-485
Once your date is current, you can file a Form I-485 petition to adjust your status if you are already in the U.S. As soon as your I-485 is approved, your status will switch to legal permanent resident.
What happens if my EB-3 visa is rejected?
We understand that getting an EB-3 rejection can be devastating to your immigration plans. So, we aim to teach you how to avoid this challenge before it happens.
A few primary reasons why an EB-3 green card application is rejected are as follows:
- Inaccurate, inconsistent, or incomplete information on the petition
- Filing fee submitted incorrectly
The right thing to do is to work with your immigration attorney to fix the error and file the petition again.
However, if your case is denied rather than rejected, it means that, after being thoroughly evaluated by an immigration officer, your petition was denied based on any of the following reasons:
- Your job position failed to satisfy the requirements for the EB-3 green card
- Your employer failed to satisfy the requirements for the EB-3 green card
- You failed the background check
In this case, your options are to file again with more supporting evidence, appeal the decision through the Administrative Appeals Office, or make a legal motion to reopen your case.
How can an EB-3 visa lawyer help you?
Examining your eligibility and completing your EB-3 visa application is a challenging task. Let our experienced immigration attorneys at Passage Immigration Law assist. Our EB-3 visa lawyers can conduct a thorough assessment of your situation to determine your eligibility for an EB-3 visa and figure out the best option under which to apply.
We will work with you and your employer to complete each step of the process efficiently and can provide you with the guidance you require to submit your application. Get your initial consultation today at (503) 427-8243, or you may schedule a consultation here.