What is an EB3 Visa?
The EB3 Visa works as a Third Priority Worker visa. It is available for migrants from the UK who are classed as skilled workers, professionals who hold a bachelor’s degree and eventually other workers classed as unskilled.
In order to be eligible for the visa, the applicant must hold a baccalaureate degree or a minimum of 2 years training or work experience.
For this visa type, a quota system is applied. Every year, the USCIS will allocate around 40,040 EB3 visas every year. Once this number is reached, all further applications for an EB3 visa that are submitted will be put on hold until the following year.
At Total Law, we have professionals that are experts at guiding clients through the often complicated application processes for visas such as the EB-3 visa. We are always here to offer such guidance and support, and you can reach us at 0333 305 9375.
What is an EB3 Green Card?
The EB3 Green Card works as a skilled worker visa that is available to UK migrants that have received an employment offer from a sponsor within the United States. It is mainly intended to help those that have not qualified for other forms of employment-based visas, such as the EB2 Green Card for exceptional ability.
There are 3 subcategories included in the EB3 Visa;
- Skilled workers who have at least 2 years work experience or training
- Professionals whose employment requires a higher education degree and a professional license
- Other workers, who are working in a job in which qualified workers are not available in the United States at the time of the petition.
Who is eligible for an EB3 Visa Green card?
- You must have 2 years of work experience or training
- You must be working in an employment sector in which qualified workers are not available in the US workforce at the time of submitting your application
- You must hold a United States baccalaureate degree or a UK bachelor’s degree
- No skilled workers must be currently available to perform the role in the United States
- You must have sufficient job experience (which cannot be substituted by your educational background)
- You must have the ability to perform a form of unskilled labour that is not of a seasonal or temporary nature
- There must be no domestic workers in the US that are available to perform the job role at the time of your application
What are the requirements to hold an EB3 Visa?
To be eligible for this visa, an applicant must;
- Hold a labor certification
- Have a full time, permanent job
- Be able to demonstrate that there are no domestic US workers in the US workforce available to perform your job role.
- Have received an employment offer from an employer based within the United States.
Based on your subcategory for the EB3 Visa, there may be other requirements;
- Skilled workers must have a minimum of at least 2 years training or work experience.
- Professionals must prove they hold a position in which a higher education degree is required.
- Unskilled workers must prove they are performing in a job role in which there are no US domestic workers in the workforce available to perform that role. They are allowed to have less than 2 years of work experience.
What is the EB3 Visa processing time?
It is possible for the whole process of applying for an EB3 visa to take any time between 1 and 3 years. However, applicants from certain countries could face a wait of up to 6 years because of the annual visa cap set by the USCIS.
Your sponsor could pay an additional fee of $1,410 to shorten the processing time of your EB3 visa. However, this may not help if your permit priority date is still not current.
Before sponsoring your application, it is necessary that your employer be able to prove that there are no available United States domestic workers that could perform the job role. This can be done by getting a labor certification from the Department of Labor (DoL) and filing the ETA Form 9089.
What is the process of the PERM Labor Certification?
To receive an EB3 visa, it is necessary to get a PERM labour certification from the United States Department of Labor.
Your US employer that is sponsoring you is not allowed to hire UK migrant workers directly. They first need to establish that there are no available United States domestic workers who could fill the work position.
To complete approval, the PERM certification must also pass a Prevailing Wage Determination. Therefore, your US based sponsor will need to prove that the job vacancy has also been advertised in relevant agencies and major local newspapers.
The Department of Labour may also ask to be given access to a detailed record of the recruitment process that the US based sponsor has conducted to fill the advertised position.
How will the EB3 Visa benefit my family?
If you hold an EB3 visa, your immediate relatives from the UK can join you within the United States.
For those included in the skilled worker and professional subcategories, spouses can apply for an E-34 visa. Eligible unmarried children can also apply for an E-35 permit.
For unskilled workers, your spouse may be eligible for an EW-4 visa. Eligible unmarried children could apply for an EW-5 visa.
For those in all subcategories, eligible spouses of EB-3 visa holders can apply for an Employment Authorization Document (EAD) which could grant them the right to work within the United States.
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If your labor certification is approved, your US based sponsor can then petition for your EB3 visa by filing the Form I-140. The USCIS may ask for access to your US based sponsor’s statements and tax returns as proof of supporting financial documents.
You can then fill out your Form DS-261 which is from your country of residence. At some point, the USCIS will ask you, the applicant, to undergo a medical examination. You will then also have to attend an interview to present your supporting documents.
It is necessary for all EB3 applicants to ensure that they have a US based employer sponsoring them. It is not possible to self-petition for this visa.
The EB3 visa has several fees, with some being paid by you and some by your US based employer. These include;
- The Labor certification by the Department of Labor fees (paid by your employer).
- Application processing fees ($345)
- Fees for filing the Immigration Petition for Alien Worker ($700)
- Biometric fees for your medical examinations
- Any further costs for translating your documents, if applicable
Premium processing fees if needed ($1,410).
The EB3 visa is a popular visa and in high demand. Considering there is a quota attached to this visa type too, it is recommended that you have an expert by your side throughout the application to prevent mistakes and delays.
Our immigration lawyers here at Total Law are always here to provide you advice and support.
If you are a US based employer, we can aid you in the application for the PERM Labor Certification. In addition to this, we can help with filing your application forms to the best standard possible, checking if you and your employer meet the requirements for the visa and following you and your relatives through the whole application process.
You can schedule your first consultation with us by calling us on 0333 305 9375.