EB-3 VISA TO WORK AND LIVE IN THE UNITED STATES

WOULD YOU LIKE TO LIVE IN THE USA WITH YOUR FAMILY, WORK IN YOUR AREA OF EXPERTISE, AND HAVE A GREEN CARD?

So, you need to know the EB-3 visa.

The EB-3 visa, also known as the Green Card for skilled professionals and other workers, is in the third preference of employment-based visas. This visa is a possibility for people with a baccalaureate degree or equivalent qualification or 2 years’ training or experience to have a permanent residency to live and work in the United States.

EB-3 VISA PROCESS

The EB-3 visa has a new rule consisting of three subcategories with requirements that need to be met, but it requires fewer qualifications than other visas of this category. To be eligible for the EB-3 visa in any of the subcategories, you must have a full-time, non-seasonal job offer. Thus, the company must be your sponsor.

The process begins when the company offers an opening seeking an American for the position, but if no one can be found, the employer applies to hire a foreigner, proving through PERM certification from the Department of Labor (DOL), that the company has tried to hire a native through job postings, as required by the department, thus allowing the company to hire foreigners.

Once this process is complete and PERM certified, the employer begins the process of hiring the foreigner with an EB-3 visa. To do so, the employer must submit to the United States Citizenship and Immigration Services (USCIS) the DOL certification and the I-140 form, proving the applicant’s qualifications for the position.

This whole process is necessary because the permits granted to foreign workers are based on the premise that the hiring is necessary to supply a labor force not available in the country.

The employer can apply for the EB-3 visa for those who are living in Brazil or America with another type of visa. However, since it is a third preference visa, sometimes the application for an EB-3 visa can take longer than other visas.

EB-3 VISA SUB-CATEGORIES

Skilled Workers: the worker must be able to demonstrate that he/she possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.

Professionals: workers must demonstrate that he/she possesses a U.S. baccalaureate or foreign equivalent degree and that a baccalaureate degree is a normal requirement for entry into the occupation.

Other Workers: this is for professionals in occupations that do not require a specific qualification.

CAN ANY COMPANY APPLY FOR THIS VISA?

The main point to be demonstrated to immigration is that the company has the necessary resources to hire the employee and that the employee is needed for the job. The employer may use an annual report, federal income tax return, to demonstrate this.

Payment of the Labor Certification fees is the employer’s obligation, as well as the fee for the Form I-140, submitted to the Immigration Service. This job position should be available until the end of the process.

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