Question 1. What Is Eb-3 Employment Based Immigrant Visa?
The EB-3 employment visa is an immigrant visa which allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Question 2. What Are The Various Categories Under The Eb-3 Visa?
The various categories under the EB-3 Employment based immigrant visa are:
- EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company
- EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company
- EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company
Question 3. How Can I Appeal A Denial Of My Form 1-140, Immigrant Petition For Alien Worker Petition?
If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial.
Question 4. Can I Bring My Dependents Into The U.s. On Eb3 Visa?
Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through adjustment of status in the U.S. or through consular processing at a U.S. consulate outside the U.S.
Question 5. What Is The Definition Of ‘professional Worker’ For Eb-3 Employment Based Immigrant Visa?
To be eligible as a “Professional” you must be a qualified foreign national holding at least a U.S. baccalaureate degree or a foreign equivalent degree and be a member of the professions.
Question 6. What Is The Definition Of ‘skilled Worker’ For Eb-3 Employment Based Immigrant Visa?
To be eligible as a ‘Skilled worker’, you must be a foreign national capable of performing skilled labor which:
- Requires at least two years of training or experience
- Is not of a temporary or seasonal nature
- Does not have appropriately qualified workers available in the U.S.
Relevant post-secondary education may be considered as training for the purposes of this provision.
Question 7. How Can I Obtain An Eb-3 Visa?
If you want to enter the U.S. as an EB-3 worker, you must go through the following multi-step process:
- Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
- Your prospective U.S. employer must complete Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor’s Employment and Training Administration(ETA).The ETA must either grant or deny the certification request.
- The USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf.
- The State Department must give you an immigrant visa number.
- If you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available.
- If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate.
Question 8. What Evidence Must I Provide As Eb-3 ‘unskilled Or Other Worker’?
Your petition for EB-3 professional worker classification must be accompanied by evidence that you meet any educational, training and experience, and other requirements of the Labor Certification.
Question 9. What Evidence Must I Provide As Eb-3 ‘professional Worker’?
Your petition for EB-3 ‘professional worker’ classification must be accompanied by evidence that you are a foreign national who:
Holds a U.S. baccalaureate degree or a foreign equivalent degree. This evidence may be in the form of an official college or university record showing the
- Date the baccalaureate degree was awarded.
- Area of concentration of study.
Is a member of the professions. You must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.
Question 10. What Privileges Do I Enjoy On Eb-3 Employment Based Immigrant Visa?
On EB-3 immigrant visa, you may:
- Reside permanently the U.S.
- Work in the U.S.
- Travel freely in and out of the U.S.
- Apply for dependent visas for your spouse and children below 21 year
Question 11. Are There Any Travel Restrictions On Eb-3 Visa?
No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S.
Question 12. What Evidence Must I Provide As Eb-3 ‘skilled Worker’?
Your petition for EB-3 ‘skilled worker’ classification must be accompanied by evidence that you meet the:
Your Achievements must:
- Educational, training or experience, and any other requirement of the individual Labor Certification
- Requirements for the Labor Market Information Pilot Program occupation designation
- Requirement of at least two years of training or experience
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