Dreaming of living and working in the United States? The EB3 visa could be your ticket to making that dream a reality! Whether you’re a skilled worker, professional or unskilled worker. The EB3 visa opens doors to permanent residency in the U.S.

What is the EB3 Visa?

The EB3 visa is an employment-based immigrant visa that allows you to live and work permanently in the United States. It’s available to:

• Skilled Workers:

  Qualifications: Must have at least 2 years of job experience, education, or training that meets the job requirements specified in the labor certification.

  Job Offer: The position must require at least 2 years of training or experience, not of a temporary or seasonal nature.

• Professionals:

  Qualifications: Must hold at least a U.S. baccalaureate degree or a foreign equivalent degree.

  Job Offer: The position must require a baccalaureate degree for entry into the occupation.

  Proof of Degree: Must demonstrate that they possess the required degree.

• Unskilled Workers (Other Workers):

  Qualifications: Must be capable of performing unskilled labor that requires less than 2 years of training or experience.

  Job Offer: The job must not be of a temporary or seasonal nature.

  Proof of Capability: Must prove their capability to perform the job duties.

Benefits of the EB3 Visa:

1. Obtaining an EB3 visa offers several significant benefits:
   The primary advantage is that it grants the holder permanent residency in the United States. This means they can live and work in the U.S. indefinitely.The visa allows the holder to bring their spouse and unmarried children under 21 to the U.S. They can also obtain Green Cards and enjoy the benefits of permanent residency.

   After obtaining the Green Card, the visa holder can change employers and seek new job opportunities.

   Permanent residents have access to various benefits, including education, healthcare, and social security, similar to those enjoyed by U.S. citizens.

Step-by-Step Application Process

The application process for the EB3 visa involves several stages, starting from obtaining a labor certification to receiving a Green Card. Here’s a detailed breakdown:

Step 1: Labor Certification (PERM Process)

The first step in the EB3 visa process is obtaining a labor certification from the U.S. Department of Labor (DOL). This process, known as PERM (Program Electronic Review Management), ensures that hiring a foreign worker will not negatively affect the job opportunities, wages, and working conditions of U.S. workers.

1. Job Advertisement:

The employer must advertise the job in various media to demonstrate that there are no qualified, willing, and available U.S. workers to fill the position. This typically involves placing ads in newspapers, online job portals, and internal job boards.

2. Prevailing Wage Determination:

The employer must obtain a prevailing wage determination from the DOL. This ensures that the wage offered to the foreign worker is consistent with the regional labor market standards for the specific position.

3. Filing ETA Form 9089:

Once the job advertisement and recruitment process are completed, the employer files ETA Form 9089 with the DOL. This form provides detailed information about the job, recruitment efforts, and the foreign worker’s qualifications.

4. Labor Certification Approval:

If the DOL is satisfied that no qualified U.S. workers are available for the position, it will approve the labor certification. This is a crucial step as it allows the employer to proceed with the immigrant petition.

 

Step 2: Immigrant Petition (Form I-140)

After obtaining the labor certification, the employer files an Immigrant Petition for Alien Workers (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes that the job offer exists and that the beneficiary meets the qualifications for the position.

1. Filing Form I-140:

The employer submits Form I-140 along with supporting documents, including the approved labor certification, evidence of the beneficiary’s qualifications (such as educational credentials and work experience), and proof of the employer’s financial ability to pay the offered wage.

2. USCIS Processing:

USCIS reviews the petition to ensure that the job offer is genuine and that the beneficiary meets the requirements. USCIS may request additional information or evidence if needed. Once satisfied, USCIS will approve the petition, allowing the beneficiary to proceed to the next step.

 

Step 3: Adjustment of Status or Consular Processing

The next step depends on whether the beneficiary is currently inside or outside the United States.

• If Inside the United States (Adjustment of Status):

The beneficiary files Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form is used to apply for a Green Card without having to leave the U.S.

1. 1. Filing Form I-485:

   Submit Form I-485 along with supporting documents, including medical examination results, proof of lawful entry into the U.S., and evidence of the approved I-140 petition.

   2. Biometrics Appointment:

   Attend a biometrics appointment for fingerprinting and photographing. This is used for background checks.

   3. Interview (if required):

   USCIS may schedule an interview to verify the information provided in the application.

   4. Approval:

   If USCIS approves the application, the beneficiary and their family members will receive their Green Cards.

 

• If Outside the United States (Consular Processing):

The beneficiary applies for an immigrant visa at a U.S. embassy or consulate in their home country. This process is known as consular processing.

1. Filing DS-260:

Complete Form DS-260, Immigrant Visa Electronic Application, through the National Visa Center (NVC) website.

2. Document Submission:

Submit supporting documents, including police certificates, birth certificates, and financial documents, to the NVC.

3. Visa Interview:

Attend a visa interview at the U.S. embassy or consulate. The consular officer will review the application and conduct an interview to verify the beneficiary’s qualifications, and the job offer.

4. Visa Issuance:

If the visa is approved, the beneficiary will receive an immigrant visa, allowing them to enter the U.S. as a permanent resident.

 

Step 4: Receiving the Green Card

Upon approval of the adjustment of status application or issuance of the immigrant visa, the beneficiary and their family members will receive their Green Cards. This grants them permanent residency in the United States.

 

Processing Times:

The processing time for the EB3 visa can vary significantly depending on several factors, including the applicant’s country of origin, the specific USCIS service center processing the case, and any potential backlogs. On average, the entire process can take from several months to a few years. It is advisable to regularly check the USCIS processing times and visa bulletin for updates.

 

Common Challenges and Solutions:

• Labor Certification Denial:

If the labor certification is denied, the employer can request reconsideration or refile after addressing the issues identified by the DOL.

• I-140 Petition Denial:

If the I-140 petition is denied, the employer can appeal the decision or submit a new petition with additional evidence.

• Visa Interview Issues:

Be well-prepared for the visa interview by having all required documentation and being ready to answer questions about qualifications and the job offer.

 

Post-Approval Considerations:

• Maintaining Permanent Residency:

Green Card holders must maintain their permanent residency status by living in the U.S. for at least six months each year and not committing actions that could lead to deportation.

• Naturalization:

After holding a Green Card for five years (three years if married to a U.S. citizen), residents may apply for U.S. citizenship through naturalization.

 

Conclusion

Start by creating an account on our website to access all available employer sponsors and begin your application process.

Create your account here: www.bhslgroup.com

We’ll guide you through the necessary paperwork and help you prepare a strong application.

Act Fast!

Opportunities like this don’t last forever. With limited positions available, it’s essential to act quickly. Take the first step towards a brighter future for you and your family by creating an account and contacting us today.

Don’t wait any longer. Start your journey to the American Dream today!

Visit us at: www.bhslgroup.com Email: info@bhslgroup.com Call: +1-212-347-6364

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