An Easy Guide to applying EB-3 Visa with Denials and Steps

  1. Secure a Job Offer
    • Find a U.S. Employer: The first step is to obtain a permanent job offer from a U.S. employer willing to sponsor you.
    • Job Requirements: Ensure the job qualifies under the EB-3 category, which includes skilled workers, professionals, and unskilled workers.
  2. Labor Certification (PERM)
    • Employer’s Responsibility: Your employer must obtain a labor certification from the U.S. Department of Labor (DOL). This certification demonstrates that there are no qualified U.S. workers available for the position.
    • Recruitment Process: The employer must conduct a recruitment process to prove they have made genuine efforts to find a U.S. worker for the job.
  3. File Form I-140
    • Employer’s Petition: Once the labor certification is approved, your employer will file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
    • Supporting Documents: The petition must include all necessary documents, such as the labor certification, job offer, and evidence of your qualifications.
  4. Wait for Priority Date
    • Priority Date: Your priority date is the date USCIS receives your Form I-140. You must wait for this date to become current according to the Visa Bulletin.
    • Visa Bulletin: Regularly check the Visa Bulletin to track the availability of visa numbers for your category and country of origin.
  5. Consular Processing or Adjustment of Status
    • Consular Processing: If you are outside the U.S., you will go through consular processing. This involves submitting Form DS-260 and attending an interview at a U.S. consulate.
    • Adjustment of Status: If you are already in the U.S., you can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
  6. Attend Visa Interview
    • Interview Preparation: Prepare for the visa interview by gathering all required documents, such as your passport, medical examination results, and financial documents.
    • Interview Attendance: Attend the scheduled interview at the U.S. consulate or USCIS office. The consular officer will verify your eligibility and review your documents.
  7. Approval and Green Card
    • Visa Issuance: If the consular officer approves your visa, you will receive your EB-3 visa, allowing you to enter the U.S. as a permanent resident.
    • Green Card: Upon entry into the U.S., you will be issued a green card, granting you permanent resident status.

Common Reasons for EB-3 Visa Denials

  1. Incomplete Documentation
    • Explanation: Missing or incomplete forms, incorrect information, or missing supporting documents can lead to a denial.
    • Solution: Double-check all documents and ensure they are complete and accurate before submission.
  2. Employer Issues
    • Explanation: Problems with the employer, such as an inability to prove the job offer is permanent or failing to meet wage requirements, can result in denial.
    • Solution: Ensure the employer thoroughly understands and complies with all requirements and provides all necessary documentation.
  3. Criminal History
    • Explanation: Applicants with certain criminal records may be denied. This includes crimes involving moral turpitude, drug trafficking, or fraud.
    • Solution: Disclose any criminal history and consult with an attorney to address potential issues.
  4. Health-Related Issues
    • Explanation: Failing to meet health requirements or not providing necessary medical examination results can lead to denial.
    • Solution: Complete the required medical examination with an authorized physician and submit the results as required.
  5. Administrative Processing Delays
    • Explanation: Additional review, known as administrative processing, can cause significant delays. While not an outright denial, this can stall the process.
    • Solution: Be patient and maintain communication with the consulate or USCIS for updates.
  6. Visa Retrogression
    • Explanation: When there are more applicants than available visas, visa retrogression can occur, leading to a backlog.
    • Solution: Regularly check the Visa Bulletin and understand how visa retrogression may affect your priority date.
  7. Failure to Attend the Interview
    • Explanation: Missing the scheduled visa interview can result in a denial.
    • Solution: Attend all scheduled interviews and arrive on time with all required documents.

Next Steps After a Visa Denial

  1. Review the Denial Notice
    • Explanation: Carefully read the denial notice to understand the specific reasons for the denial.
    • Solution: Identify and address the issues mentioned in the notice.
  2. Consult an Immigration Attorney
    • Explanation: Seek guidance from an experienced immigration attorney to understand your options and next steps.
    • Solution: An attorney can help you navigate the complex process and provide tailored advice.
  3. Correct and Resubmit
    • Explanation: If the denial was due to incomplete or incorrect documentation, correct the issues and resubmit the application.
    • Solution: Ensure all forms are properly filled out and all required documents are included.
  4. Appeal the Decision
    • Explanation: In some cases, you may have the option to appeal the denial.
    • Solution: Consult with an attorney to determine if an appeal is appropriate and follow the necessary steps to file it.
  5. Reapply if Necessary
    • Explanation: If the denial was due to ineligibility or other factors that cannot be corrected, you may need to reapply with a stronger case.
    • Solution: Address any issues that led to the denial and submit a new, more robust application.

By following these steps and being aware of potential pitfalls, you can increase your chances of successfully obtaining an EB-3 visa and moving to the United States. If you encounter any difficulties, seeking professional advice and assistance can make the process smoother and more manageable.

If you have any further questions or need assistance

Visit us at: www.bhslgroup.com

Phone: +1-212-347-6364

Email: info@bhslgroup.com

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