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All EB-3 visa applicants must have a job offer from a U.S. employer who is willing to sponsor their visa application. The employer must also obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.

Meeting these eligibility requirements is essential for individuals seeking to pursue permanent residency in the United States through the EB-3 visa program. It is advisable to consult with an immigration attorney or expert to ensure that all requirements are met and the application process is properly navigated.

To qualify for an EB-3 visa, applicants must meet specific eligibility requirements set by the U.S. Citizenship and Immigration Services (USCIS). These requirements vary depending on the subcategory of the EB-3 visa (skilled workers, professionals, or other workers) but generally include the following:

Applicants must have a bona fide job offer from a U.S. employer willing to sponsor them for permanent residency. The job offer must be for a full-time, permanent position and must meet the requirements set by the Department of Labor.

In most cases, the Department of Labor must issue a labor certification to the employer. This entails proving that there are no suitable American candidates to fill the post and that hiring the foreign candidate won’t have an adverse effect on the wages and working conditions of Americans in comparable jobs.

Applicants must meet certain education or experience requirements, depending on the subcategory. Skilled workers must have at least two years of training or experience in their field, while professionals must hold a bachelor’s degree or its foreign equivalent. Other workers must perform unskilled labor requiring less than two years of training or experience.

The salary offered for the post must be at least as high as the going rate for comparable roles in the same geographic area. This ensures that foreign workers are not paid less than their U.S. counterparts.

Applicants must also meet general admissibility requirements to enter the United States, including not having a criminal record or other factors that would make them inadmissible.

People with a minimum of two years of training or experience in their respective industries are considered skilled workers. This category includes a broad spectrum of occupations, including, but not limited to, electricians, plumbers, chefs, mechanics, and computer programmers.

To qualify as a skilled worker, applicants must demonstrate their proficiency through a combination of education, training, certifications, and/or work experience relevant to the job they are offered in the United States.

The professionals’ category is reserved for individuals who hold a bachelor’s degree or its foreign equivalent and are members of professions that typically require such a degree for entry. Examples of professions in this category include accountants, engineers, architects, teachers, and lawyers.

 Applicants must possess the necessary educational credentials and qualifications to perform the duties of the job offered in the United States. Depending on their profession’s specific requirements, they may also have to get certified or licensed as professionals.

The other workers category is intended for people who work in unskilled labor and have no more than two years of experience or training. This category includes janitors, housekeepers, agricultural workers, and food service workers.

Unlike skilled workers and professionals, other workers do not require formal education beyond a high school diploma or equivalent. However, they must still demonstrate their ability to perform the job duties the employer requires.

The job offered to the EB-3 visa applicant must be a full-time, permanent position with the sponsoring employer. This means the position is not temporary or seasonal and is expected to continue indefinitely.

For the foreign worker to be granted permanent residency in the U.S., the company must be prepared to sponsor them. To prove that no suitable U.S. worker can fill the post, a labor certification from the Department of Labor must be obtained.

The job offered must meet certain requirements set by the Department of Labor, including paying salaries that are on par with or higher than the going rate for jobs of a comparable nature in the same geographic area. The job must also require the skills or qualifications the EB-3 visa applicant possesses.

The firm is required to abide by all labor laws and regulations, including providing the EB-3 visa applicant with a safe workplace and equitable pay.

A formal letter from the U.S. employer offering the foreign national a full-time, permanent position. This letter should include details such as job title, job duties, salary, and start date.

For most EB-3 visa applicants, the employer must obtain a labor certification from the U.S. Department of Labor. This entails proving that there are no suitable American candidates to fill the post and that hiring the foreign candidate won’t have an adverse effect on the wages and working conditions of Americans in comparable jobs.

Copies of educational certificates, diplomas, degrees, or transcripts to demonstrate that the applicant meets the educational requirements for the EB-3 visa category. This is especially important for professionals who must hold a bachelor’s degree or its equivalent.

For skilled workers and other workers, documentation of relevant work experience such as letters from previous employers, employment contracts, or pay stubs. This helps demonstrate that the applicant has the required training or experience for the job.

Document the prevailing wage for the position offered, obtained from the Department of Labor’s prevailing wage database or through a wage determination request.

Evidence that the employer has the financial ability to pay the offered wage to the EB-3 visa applicant, such as company financial statements or tax returns.

A valid passport for the EB-3 visa applicant with an expiration date that extends beyond the intended period of stay in the United States.

 Passport-sized photographs of the EB-3 visa applicant meeting USCIS specifications.

This is the online immigrant visa application form, which must be completed and submitted through the U.S. Department of State’s Consular Electronic Application Center (CEAC).

Any additional forms required by USCIS or the U.S. Department of State for processing the EB-3 visa application.

The first step is to secure a job offer from a U.S. employer willing to sponsor the foreign national for permanent residency. The job offered must meet the Department of Labor requirements and be for a full-time, permanent position.

Most of the time, the U.S. Department of Labor must provide a labor certification to the company. This entails proving that there are no suitable American candidates to fill the post and that hiring the foreign candidate won’t have an adverse effect on the wages and working conditions of Americans in comparable jobs.

Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This petition establishes the foreign national’s eligibility for the EB-3 visa category based on the job offer and labor certification.

USCIS assigns a priority date to the Form I-140 petition based on its filed date. The priority date determines the foreign national’s place in line for visa processing and is used to establish eligibility for adjustment of status or consular processing.

The Department of State provides a monthly Visa Bulletin detailing immigration visa availability, including EB-3 visas, based on priority dates. Foreign nationals can check the Visa Bulletin to track their priority date and see when visa numbers become available for their category and country of chargeability.

Once a visa number becomes available, the foreign national has two options: if they are already in the country, they can apply for adjustment of status; if not, they can apply through consular processing for an immigrant visa at a U.S. consulate or embassy abroad.

Depending on the chosen application process, the foreign national might have to undergo a medical exam and an interview at a USCIS office, U.S. consulate, or embassy.

USCIS or the U.S. Department of State decides on the EB-3 visa application. If approved, the foreign national becomes a lawful permanent resident of the United States and receives a green card.

In some cases, EB-3 visa holders may receive conditional permanent residency, which requires them to file a petition to remove conditions within a specified time frame.

When an employer submits a labor certification application or Form I-140 petition on behalf of a foreign worker, USCIS assigns a priority date to that application based on the filing date. This priority date establishes the applicant’s place in line for an available immigrant visa, as the number of visas issued yearly is subject to numerical limitations.

Once a priority date becomes current, the applicant can proceed with the next steps in the EB-3 visa process, such as adjustment of status or consular processing.

Priority dates are crucial because they determine when an applicant can proceed with their EB-3 visa application. Due to numerical limitations and high demand for certain visa categories, priority dates may not immediately become current, leading to waiting periods for applicants.

For applicants with noncurrent priority dates, it’s essential to be patient and prepared for potential delays in the visa process. Priority date movement can vary monthly, depending on visa demand and processing capacity.

After USCIS approves the EB-3 visa petition (Form I-140) and, if applicable, the labor certification (PERM), the applicant receives approval notification.

Depending on the applicant’s location and circumstances, they either receive an immigrant visa from a U.S. consulate or embassy abroad or adjust their status to permanent residency within the United States. This step is crucial and usually follows the availability of an immigrant visa number based on the applicant’s priority date.

Upon receiving the immigrant visa or completing the adjustment of status process, the applicant may enter the United States as a lawful permanent resident.

After entering the United States, the applicant receives their physical green card as evidence of their lawful permanent residency status.

As a green card holder, an individual enjoys various rights, including the right to live and work permanently in the United States. They are also responsible for obeying U.S. laws and fulfilling any tax obligations.

 In some cases, such as when the EB-3 visa is based on a marriage less than two years old, the applicant initially receives conditional permanent residency. This requires them to file a petition to remove conditions within a specified time frame to obtain unconditional permanent residency.

To maintain permanent residency, green card holders must continue to reside in the United States and avoid any actions that could jeopardize their status, such as extended periods of absence or criminal activities.

After maintaining permanent residency for a specified period, usually five years (or three years if married to a U.S. citizen), green card holders may be eligible to apply for U.S. citizenship through naturalization.

Retrogression can be caused by various factors, including high demand for visas from certain countries, particularly populous countries like India and China, and oversubscription of visa categories due to increased demand.

When retrogression occurs, priority dates for affected visa categories and countries may regress, meaning that applicants with earlier priority dates may face delays in visa processing.

Retrogression can significantly impact visa availability, causing delays for applicants waiting to receive their immigrant visas. In some cases, visa numbers may become unavailable until the start of the new fiscal year, when visa quotas are reset.

Applicants affected by retrogression may need to adjust their plans and expectations accordingly. This may involve preparing for longer wait times and considering alternative immigration options or strategies.