EW-3 Visa: US Third Priority Workers Visa for Unskilled Workers

What is an EW-3 Visa?

An EW-3 visa is a nonimmigrant visa category that is available to certain foreign nationals who are seeking to come to the United States to work temporarily in a skilled or unskilled labor occupation. The EW-3 visa is a subcategory of the H-2B visa, which is for temporary non-agricultural workers.

To be eligible for an EW-3 visa, the applicant must be a national of a country that has a reciprocal agreement with the United States in the H-2B category and the employer must demonstrate that there are no U.S. workers who are able, willing, and qualified to perform the work and that the employment of foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The application process for an EW-3 visa is similar to that for an H-2B visa, with the employer filing a petition with the U.S. Citizenship and Immigration Services (USCIS) and the applicant then applying for a visa at the U.S. consulate or embassy in their home country.

It’s important to note that the EW-3 visa is not a permanent visa, and it is only valid for the duration of the employment, also it’s subject to annual cap set by the government, as such it’s a good idea to check with the U.S. Citizenship and Immigration Services (USCIS) for up-to-date information about the process and requirements. It’s also recommended to consult with a qualified immigration attorney for guidance.

Who Qualifies for EW-3 Visa?

The specific qualifications for an unskilled worker visa, such as the EW-3 visa, can vary depending on the country of citizenship and the specific requirements of the U.S. Citizenship and Immigration Services (USCIS). In general, to qualify for an unskilled worker visa, the applicant must:

  1. Be a national of a country that has a reciprocal agreement with the United States in the H-2B category.
  2. Have a job offer from a U.S. employer for a temporary, non-agricultural position that does not require a specific set of skills or qualifications.
  3. Meet the qualifications for the position, such as being able to perform the duties of the job and being able to communicate effectively in the language of the job.
  4. Have a valid passport from their country of citizenship.
  5. Meet the requirements of the U.S. Department of Labor, such as obtaining a Labor Condition Application (LCA)
  6. Meet the requirements of the U.S. Citizenship and Immigration Services (USCIS), such as passing security and background checks, and not having any prior immigration violations.

How to Apply for EW-3 Visa?

To apply for an EW-3 visa, the following steps must be completed:

  1. Obtain a passport from your country of citizenship that is valid for at least six months beyond the date of your intended stay in the United States.
  2. The employer must file a Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) office.
  3. Gather the required documents, including evidence of the employer’s recruitment efforts, a job offer letter, and a Labor Condition Application (LCA) from the Department of Labor.
  4. Pay the required fees, including the I-129 petition fee and the EW-3 visa application fee.
  5. After the Form I-129 is approved, the applicant will receive a Notice of Approval (Form I-797) and then the applicant needs to schedule and attend an interview at the U.S. consulate or embassy in their home country.
  6. Wait for a decision on your visa application. If approved, you will receive your EW-3 visa, which will allow you to enter the United States and begin working on your temporary job.

It’s important to note that the above is a general guideline and may vary by country, and it’s a good idea to check the specific requirements for your country. It’s also recommended to consult with a qualified immigration attorney for guidance. Additionally, it’s important to note that the number of EW-3 visa available is subject to annual cap, and it’s a good idea to check with the U.S. Citizenship and Immigration Services (USCIS) for up-to-date information about the availability of the visa.

It’s important to note that the above is a general guideline, and you should check with the U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate or embassy in your home country for specific information on qualifications and requirements. It’s also recommended to consult with a qualified immigration attorney for guidance. Additionally, it’s important to note that the number of EW-3 visa available is subject to annual cap, and it’s a good idea to check with the U.S. Citizenship and Immigration Services (USCIS) for up-to-date information about the availability of the visa.

What is the EW-3 Visa Interview Process?

The EW-3 visa interview process is similar to that of other nonimmigrant visa interviews, such as the H-2B visa. The process typically includes the following steps:

  1. Schedule an appointment: After the employer’s Form I-129 has been approved, the applicant will receive a Notice of Approval (Form I-797) and then the applicant needs to schedule an interview at the U.S. consulate or embassy in their home country.
  2. Gather required documents: The applicant should gather all the required documents that were submitted during the Form I-129 process, including their passport, the Form I-797, the Labor Condition Application (LCA), and any other supporting documents.
  3. Attend the interview: The applicant should arrive at the consulate or embassy on time for their scheduled interview. During the interview, the consular officer will ask the applicant questions about their background, their qualifications for the job, their immigration history, and their reasons for wanting to come to the United States.
  4. Wait for a decision: After the interview, the consular officer will make a decision on the visa application. If approved, the applicant will receive their EW-3 visa, which will allow them to enter the United States and begin working on their temporary job. If denied, the applicant will receive a letter explaining the reason for the denial and their options for appealing or reapplying.

What are the Required Documents for EW-3 Visa?

The required documents for an EW-3 visa application may vary depending on the specific circumstances of your job offer, but generally include the following:

  1. A passport that is valid for at least six months beyond the date of your intended stay in the United States.
  2. Form I-129, Petition for Nonimmigrant Worker, along with the required fees, and Notice of Approval (Form I-797)
  3. Evidence of the employer’s recruitment efforts to demonstrate that no qualified U.S. workers were available.
  4. A job offer letter from the U.S. employer, describing the nature of the job, the duties and responsibilities, the salary and working conditions, and the duration of the employment.
  5. A Labor Condition Application (LCA) from the U.S. Department of Labor, which attests that the employer has met the requirements of the U.S. labor laws, including wages, working conditions, and recruitment efforts.
  6. Educational and professional qualifications that demonstrate that the applicant meets the qualifications for the job.
  7. Proof of your citizenship in a country that has a reciprocal agreement with the United States in the H-2B category.
  8. Proof of your relationship to your dependents, if they will be accompanying you to the United States.
  9. Any other supporting documents required by the U.S. consulate or embassy where you will be applying for the visa.

It’s important to note that these are general guidelines, and you should check with the U.S. consulate or embassy in your home country for specific information on required documents. It’s also recommended to consult with a qualified immigration attorney to assist you with your application.

What is the EW-3 Visa Fee?

The fee for an EW-3 visa application can vary depending on the specific circumstances of the application, but generally includes the following:

  1. Form I-129, Petition for Nonimmigrant Worker fee: The fee for this form is currently $460.
  2. Visa application fee (MRV fee): The visa application fee, also known as the Machine Readable Visa fee, is currently $190.
  3. Fraud Prevention and Detection fee: The fee for this is currently $500
  4. Biometric services fee: The fee for this is currently $85

What is the EW-3 Visa Processing Time?

The processing time for an EW-3 visa application can vary depending on a number of factors, such as the workload of the U.S. consulate or embassy where you are applying, the completeness of your application, and whether any additional security checks are required.

Generally, the processing time for an EW-3 visa application can take several months. After the employer files the Form I-129 and all the required documents, the U.S. Citizenship and Immigration Services (USCIS) will review your application and determine whether to approve it. Once approved, the case will be forwarded to the U.S. consulate or embassy where you will be interviewed. After the interview, the consular officer will determine whether to approve or deny your visa application.

It’s important to note that the processing time for EW-3 visa can vary depending on different consular offices, and it’s a good idea to check with the specific consulate where you will apply for the most up-to-date information on processing times. Also, it’s important to note that the number of EW-3 visa available is subject to annual cap, and it’s a good idea to check with the U.S. Citizenship and Immigration Services (USCIS) for up-to-date information about the availability of the visa. It’s also recommended to consult with a qualified immigration attorney for guidance.

EW-3 Visa Frequently Asked Questions

Here are some frequently asked questions about the EW-3 visa:

  1. What is the difference between an EW-3 visa and an H-2B visa?
    A: An EW-3 visa is a subcategory of the H-2B visa, which is for temporary non-agricultural workers. The main difference between an EW-3 visa and an H-2B visa is that the EW-3 visa is specifically designated for unskilled workers while H-2B visa is for both skilled and unskilled workers.
  2. How long is an EW-3 visa valid for?
    A: An EW-3 visa is generally valid for the duration of the employment, which can be up to a maximum of 3 years.
  3. Can I change jobs while on an EW-3 visa?
    A: No, you cannot change jobs while on an EW-3 visa, you are tied to the job and employer that you applied for. If you want to change jobs, you must apply for a new EW-3 visa.
  4. Can I bring my family with me on an EW-3 visa?
    A: Yes, you can bring your spouse and minor children with you on an EW-3 visa by applying for an E-2 dependent visa.
  5. Can I apply for an EW-3 visa if I have a criminal record?
    A: Having a criminal record does not automatically disqualify you from obtaining an EW-3 visa, but it may make the process more difficult. A consular officer will review the details of your criminal record and determine if you are eligible for a visa.
  6. Can I apply for an EW-3 visa if I have been denied a visa before?
    A: Having been denied a visa in the past does not automatically disqualify you from obtaining an EW-3 visa, but it may make the process more difficult. A consular officer will review the details of your previous denial and determine if you are eligible for a visa.