An EB-3 work visa, or green card, assures permanent legal residence for individuals emigrating from outside of the United States for the purpose of gaining specialized employment. Like other visas, there is a finite number available at any given time. In 2018, for example, the federal government granted just under twenty-one thousand EB-3 visas. That number has been as high as forty-three thousand within the last ten years.
An EB-3 application requires co-sponsorship by an American employer, making it different from other, self-submitted, visa classifications dependant on extraordinary ability or globally-recognized honor. There are American industries so lacking in domestic job candidates that the EB-3 program has become a relied upon crutch for many critical parts of the economy, including the trucking industry which is currently battling a severe lack of qualified available talent.
International job seekers may apply for one of three levels of acceptable qualification built into the EB-3 law. The first classification, skilled , requires two years of training or professional experience in the field being applied for. The second, professional , requires a four-year degree, or equivalent. A third category, other worker , can be utilized by individuals seeking unskilled labor opportunities that require less than two years of experience. All classifications require an intended job to be permanent in nature rather than seasonal or temporary. Each version of the EB-3 application is better received and understood with thorough supporting records to document applicable education, training, and experience; organization is key.
EB-3 is one of the more flexible legal work immigration options, with legal considerations for spouses and family members under the age of 21. As such, there’s often a waiting list for EB-3 visa approvals. An applicant can expect to invest a year, two, or longer in the process.
The annual limit for accepted applications is broken-down by nation, resulting in exorbitant wait times for applicants in China, India, and the Philippines in particular. Processing times can be expedited at certain stages with added fees and paperwork. On the other end of the hire, an employer must also meet certain standards in order to utilize the law to fill open positions, including evidence of available budget. Most importantly, they must
prove a lack of willing and qualified domestic candidates for a given job. This is done through a process called the PERM Labor Certification and involves a thorough multifaceted canvassing for US talent. Record keeping is paramount during this process, too, as documentation of each
recruiting measure taken will be required for submission to the federal government by the prospective employer as part of a Form I-140, or Petition for Alien Worker .
Even after having met the two key requirements, eligibility and sponsorship, an applicant must then undertake a wait-and-see period, monitoring priority dates listed online by the U.S Department of State in a monthly bulletin . This is where wait times can be painfully protracted
and the steps exceedingly complex.
The process as a whole is more easily undertaken and, more importantly, hastened, with professional consultation and facilitation services like those offered by Visa Solutions to businesses and potential hires. Our legal work immigration specialists are well-versed in EB-3 and have a long track-record of success in both filling urgent vacancies in American industries
and helping hard-working international professionals secure life-changing employment.
- On March 12, 2019
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