1. What is the EB-3 Other Workers category?

The EB-3 Other Workers category is an employment-based third preference visa program that allows employers to sponsor foreign individuals who do not qualify for the higher preference EB-1 or EB-2 categories to work in the United States. This category is for unskilled workers with few qualifications. The wait times for this visa can be longer than the higher preference categories, but there is a greater likelihood of being approved.

2. What are the eligibility requirements for the EB-3 Other Workers category?

The eligibility requirements for the EB-3 Other Workers category include the following:

• The applicant must have a permanent, full-time job offer from an employer in the United States requiring at least two years of experience or training.

• The applicant must have obtained at least two years of experience or training within the past five years related to the job they are being offered.

• The applicant must be a professional worker, skilled worker, or unskilled worker.

• The applicant must be admissible to the United States.

3. How can I apply for a green card under the EB-3 Other Workers category?

Applicants for a green card under the EB-3 Other Workers category must meet certain criteria. To be eligible, the applicant must have a job offer and labor certification from a U.S. employer. The employer must also prove that there are no qualified U.S. workers available for the position. Additionally, the applicant must possess the minimum required skills, qualifications, and experience necessary for the job and meet the required education or training criteria. The employer must also agree to pay the applicant a certain wage that is at least prevailing wage for that position. After meeting these criteria, applicants must submit Form I-140, Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the petition, applicants may file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident of the United States.

4. How long does it take to get a green card through the EB-3 Other Workers category?

The processing time for a green card through the EB-3 Other Workers category varies depending on the individual’s country of origin. Generally speaking, this process can take anywhere from six months to several years.

5. Does the EB-3 Other Workers category have any numerical limits?

Yes, the EB-3 Other Workers category has numerical limits. There are a total of 40,000 visas that may be issued to applicants in the EB-3 Other Workers category each fiscal year.

6. What types of work qualify me for the EB-3 Other Workers category?

The EB-3 Other Workers category is a subcategory of the EB-3 employment-based green card category, and it is intended for immigrants with at least two years of professional experience or training. To be eligible, you must have a permanent job offer from a U.S. employer in one of the following categories: skilled workers, professionals, and other workers (unskilled workers with less than two years of experience). Examples of jobs that qualify for this category include: Accountants, Architects, Carpenters, Chef/Cooks, Computer Programmers/Analysts, Dental Hygienists, Electricians, Heavy Equipment Operators, Janitors, Machine Operators, Medical Technicians, Plumbers, Restaurant Workers, Software Developers, and Truck Drivers.

7. Can my family members be included in my EB-3 Other Workers application?

No, family members cannot be included in an EB-3 Other Workers application. This applies to both immediate and extended family members.

8. What fees are associated with applying for a green card under the EB-3 Other Workers category?

The fees associated with applying for a green card under the EB-3 Other Workers category include the filing fee of $535, the biometric services fee of $85, and in certain cases, an additional charge for processing the application (usually $220). Additionally, there may be other legal fees associated with the application such as attorney fees and any other costs associated with gathering and submitting the required documentation.

9. Is there a way to expedite processing times for an EB-3 Other Workers application?

Unfortunately, there is no way to expedite the processing times for an EB-3 Other Workers application. The USCIS has established a fixed processing timeline for each filing and petitioners must wait for the outcome as per the timeline.

10. What documents do I need to submit with my EB-3 Other Workers application?

You will need to submit a completed Form I-140, Immigration Petition for Alien Worker. You will also need to provide evidence of your qualifications, including a resume, copies of any diplomas, certificates, professional licenses, and/or transcripts. You will also need to submit evidence of your employer’s ability to pay your wages, such as tax forms or financial statements. If you are self-petitioning, you will need to provide evidence of your own ability to pay your own wages.

11. What is the difference between the EB-2 and the EB-3 categories?

The EB-2 category is for workers with advanced degrees, persons with exceptional ability in the sciences, and those who are seeking a national interest waiver. The EB-3 category is for skilled, professional, and other workers. The main difference between the two categories is that the EB-2 category requires a higher level of education or experience than the EB-3 category.

12. Are there any other benefits to applying for a green card through the EB-3 Other Workers category?

The EB-3 Other Workers category may offer some other benefits, such as the ability to work in the US without restrictions, the ability to travel outside of the US and re-enter without a visa, and access to certain government benefits. Depending on the individual’s circumstances, they may also have access to certain visa processing benefits, such as lower processing times or priority processing.

13. Are there any restrictions on who can receive an immigrant visa under the EB-3 Other Workers category?

Yes, there are several restrictions on who can receive an immigrant visa under the EB-3 Other Workers category. The applicant must have a permanent, full-time job offer from a U.S. employer in a specialty occupation that requires at least two years of experience or training. The applicant must also be able to demonstrate that they are qualified for the position with the necessary education, experience, or training. Additionally, the applicant must have a professionally recognized degree or its equivalent or at least two years of experience in the occupation for which they are applying.

14. What is the difference between an immigrant visa and a green card?

An immigrant visa is a document issued by a US government agency that allows foreign citizens to enter the country and reside in the United States. A green card, officially known as a Permanent Resident Card, is an identification card issued to non-citizens who are allowed to live and work in the US permanently.

15. How does a priority date affect my EB-3 Other Workers application?

Priority dates are important for determining when an individual can file their application. The priority date is the date an individual’s labor certification application was accepted by the Department of Labor (DOL). Those with earlier priority dates are given preference when filing their EB-3 Other Workers application. It is important to note, however, that the availability of visas in this category is limited and no guarantee can be made that a visa will be available by a certain date. Applicants should consult with their attorney for more information.

16. What should I do if my visa petition is denied in the EB-3 Other Workers category?

If your visa petition is denied in the EB-3 Other Workers category, you may appeal the decision with the Board of Immigration Appeals (BIA). You may also reapply for a different visa type (such as an EB-2 or EB-1 visa) or apply for a different visa classification altogether. Additionally, you may be eligible to apply for a different worker visa such as an H-1B visa. Please consult with an experienced immigration attorney to discuss your options.

17. What should I do if I am unable to find an employer willing to sponsor me for a green card under the EB-3 Other Workers category?

If you are unable to find an employer willing to sponsor you for a green card under the EB-3 Other Workers category, you may wish to consider other green card categories, such as the EB-2 Professionals or the EB-1 Extraordinarily Talented Persons category. Additionally, you may wish to consult with an experienced immigration attorney to explore other possible options.

18. How long is my green card valid for under the EB-3 Other Workers category?

Your green card under the EB-3 Other Workers category is valid for 10 years.

19. What is required of me once I obtain a green card through the EB-3 Other Workers category?

Once you have obtained a green card through the EB-3 Other Workers category, you must maintain your permanent residence status in the United States. To do this, you must continue to live in the United States and not spend more than a total of 12 months outside of the country. Additionally, you must fulfill any of the requirements for naturalization, such as undergoing a medical exam and attending a required interview with a U.S. Citizenship and Immigration Services (USCIS) officer. Finally, you may be required to demonstrate that your green card was obtained through legitimate means.

20. How do I become a U.S. citizen after obtaining a green card through the EB-3 Other Workers category?

The process of becoming a U.S. citizen after obtaining a green card through the EB-3 Other Workers category is the same as for any other green card holder. After holding a green card for at least 5 years (or 3 years if married to a U.S. citizen), you can apply for naturalization to become a U.S. citizen through the USCIS Form N-400. To be eligible, you must demonstrate good moral character, pass the English and Civics tests, and demonstrate that you meet the residency requirements.