1. What is the difference between an EB-3 skilled worker and a professional?
An EB-3 skilled worker is a foreign worker with two years of job training or experience, while a professional is a foreign worker with at least a bachelor’s degree and experience in a specific profession. The EB-3 skilled worker does not necessarily need a post-secondary degree, while the professional must have an appropriate education.
2. What types of jobs are eligible for the EB-3 Skilled Worker Program?
The EB-3 Skilled Worker Program is open to foreign nationals with at least two years of experience in a specialty occupation, professional occupation, or an unskilled job. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge, while a professional occupation requires at least a bachelor’s degree or its equivalent as a prerequisite. Unskilled jobs require at least two years of training or experience, but no degree or experience is required.
3. How long does it take to obtain an EB-3 visa?
It depends on the country of origin of the individual seeking the visa and the availability of visas in that particular year. Generally speaking, the processing time for an EB-3 visa can range from a few months to several years.
4. What are the requirements to become an EB-3 skilled worker?
In order to become an EB-3 skilled worker, you must:
– must have a job offer from a US employer
– must have a full-time permanent job offer in a specialty occupation
– must have a minimum of two years of relevant experience
– must have completed at least a bachelor’s, master’s, or equivalent degree
– must have an approved Labor Certification from the US Department of Labor
-must be able to demonstrate that you can fill the job and there are no qualified US workers available for the position.
5. How much does it cost to apply for an EB-3 visa?
The filing fee for an EB-3 visa is $345. Additionally, a $190 fraud prevention fee is required for all family-based immigrants, regardless of visa category.
6. What is the maximum number of workers that can be sponsored under the EB-3 program?
The maximum number of workers that can be sponsored under the EB-3 program is 140,000 per fiscal year.
7. How long can an EB-3 visa holder stay in the U.S.?
An EB-3 visa holder can stay in the U.S. for an indefinite period of time, as long as they maintain their eligibility to remain in the U.S. and renew their visa when it expires.
8. What is the minimum salary required for an EB-3 skilled worker?
The minimum salary required for an EB-3 skilled worker depends on the industry, occupation, and the local labor market wage. Generally, wages must meet or exceed the prevailing wage for the occupation in the geographical area of intended employment.
9. How do I renew my EB-3 visa?
Your EB-3 visa can be renewed by submitting an application for a new visa to the U.S. Department of State. You will need to submit a new Form I-129, as well as any other required forms and supporting documents. You must also pay the applicable fees, schedule an appointment for an interview at a U.S. embassy or consulate, and attend the interview.
10. What documents do I need to submit for an I-140 application for a skilled worker under the EB-3 program?
You will need to submit Form I-140, Petition for Alien Worker, as well as evidence to support the position including:
-A completed Labor Certification Application from the U.S. Department of Labor
-Proof that you possess the qualifications and experience required for the position
-Evidence of your ability to pay the prevailing wage for the position
-Evidence that the job offered is a permanent, full-time position
-Evidence that you have an offer of employment from a U.S. employer
-Supporting documents such as academic records, job descriptions, and recommendation letters
11. What are the time limits for filing an I-140 application for a skilled worker under the EB-3 program?
The I-140 application for a skilled worker under the EB-3 program must be filed within 180 days of the foreign national’s priority date.
12. Are there any restrictions on how many times I can extend my stay on an EB-3 visa?
Yes, there are restrictions on how many times you can extend your stay on an EB-3 visa. Typically, you can only extend your stay three times, for a total of 18 months. Additionally, you must have sufficient evidence that you intend to leave the United States upon the expiration of the visa.
13. Are there any age restrictions on applying for an EB-3 visa?
Yes, there are age restrictions on applying for an EB-3 visa. An applicant must be under the age of 35 in order to qualify for this type of visa.
14. How does my employer apply to sponsor me for an EB-3 visa?
Your employer must submit Form I-140, Immigrant Petition for Alien Worker to U.S. Citizenship and Immigration Services (USCIS). The form must include documentation that demonstrates that you are qualified for the position and that the employer is able to pay your wages. Additionally, the employer must demonstrate the ability to pay any relevant prevailing wages for the position.
15. How long is the processing time for an EB-3 visa application?
The processing time for an EB-3 visa application can vary widely depending on the individual circumstances. Generally, the processing time is estimated to take anywhere between 8 months and 5 years. However, due to a backlog of applications, the wait time may be even longer.
16. Are there any special qualifications needed to be eligible for an EB-3 visa?
Yes, the EB-3 visa requires the applicant to have a minimum of two years of experience or training in a specific occupation or specialized expertise in a field of science or art. Additionally, the applicant must have a permanent, full-time job offer from a U.S. employer in the same field as their expertise.
17. What types of evidence do I need to provide to prove my skills and qualifications for an EB-3 visa application?
In order to prove your skills and qualifications for an EB-3 visa application, you will need to provide evidence such as copies of relevant diplomas or certifications, letters from past employers or clients attesting to your experience and skills, and official transcripts of any relevant coursework completed. You may also need to provide proof of any professional licenses you may have, as well as proof of English language proficiency. Additionally, if you are applying for an EB-3 based on specialized knowledge, you may need to provide evidence that you have knowledge and experience in a particular field that is not commonly found.
18. Can I apply for a green card through the EB-3 program?
Yes, you can apply for a green card through the EB-3 program. The EB-3 program is for foreign nationals who have specialized skills or an advanced degree and meets the criteria for a skilled worker, professional, or other worker. To qualify for a green card through the EB-3 program, you must have an offer of employment and must be able to show that you possess the required skills.
19. Are there any restrictions on how much money I can bring into the U.S. with my EB-3 visa?
Yes, there are restrictions on how much money you can bring into the U.S. with your EB-3 visa. According to the U.S. Department of State, you are required to declare any amount of money in excess of $10,000 upon entering the United States.
Failure to declare money in excess of $10,000 may result in fines or penalties. Additionally, any funds over the $10,000 threshold must be declared to U.S. Customs and Border Protection (CBP) when entering the U.S. You will need to complete a Currency and Monetary Instrument Report (CMIR) form (FinCEN 105) and provide it to a CBP officer upon entry.
20. Are there any special rules or exceptions for workers with special abilities or experience that apply to the EB-3 program?
There are no special rules or exceptions that apply specifically to workers with special abilities or experience and the EB-3 program. However, individuals who possess certain qualifications may be eligible for an employment-based third preference (EB-3) visa. Generally, applicants must demonstrate at least two years of experience in a qualifying occupation, possess a bachelor’s degree or foreign equivalent, and have an offer of permanent employment from a U.S. employer. In certain cases, individuals may also need to prove that they possess exceptional ability in the sciences, arts, or business.