1. What is the difference between an EB-3 visa and an EB-2 visa?

An EB-3 visa is for a “skilled worker” or a “professional” who has at least a two-year college degree or two years of experience in the field. An EB-2 visa is for an “advanced degree professional” or a “foreign national of exceptional ability” with at least a bachelor’s degree or five years of experience in the field. Typically, the EB-2 visa holder will have greater earning potential and higher qualifications than the EB-3 holder. The minimum period of stay for an EB-2 visa is three years, while it is five years for an EB-3 visa.

2. What is the priority date for an EB-3 visa?

The priority date for an EB-3 visa is the date the U.S. Citizenship and Immigration Services (USCIS) receives the completed visa petition. The priority date is used to determine when an applicant can apply for a green card.

3. How long does it take to process an EB-3 visa application?

The processing time for an EB-3 visa application varies depending on the specific case and the country of origin. Generally, processing times can range from several months to many years.

4. How much does it cost to apply for an EB-3 visa?

The application cost for an EB-3 visa is $345 USD. This cost includes the filing fee and biometric services fee.

5. Who is eligible for an EB-3 visa?

EB-3 visas are for professional workers, skilled workers, and other workers. To be eligible for this visa, a person must have a job offer from a U.S. employer, as well as meet all of the requirements for that specific classification. Professional workers must have a U.S. baccalaureate degree or its foreign equivalent, and at least two years of job experience in their field. Skilled workers must have at least two years of job experience or training, and other workers must have a job offer from the employer for a permanent position that requires at least two years of experience or training. Additionally, all applicants must meet the health and character requirements to enter the United States.

6. What types of jobs qualify for an EB-3 visa?

EB-3 visa jobs must meet the following criteria: permanent full-time job in a professional position, skilled job (at least two years of training or experience) or an unskilled job (less than two years of training or experience). Examples of professional positions include doctors, lawyers, engineers, and teachers. Examples of skilled jobs include chefs, bookkeepers, and computer programmers. Unskilled jobs may include housekeepers, landscapers and food service workers.

7. Is an employer required to sponsor an EB-3 visa applicant?

No, an employer is not required to sponsor an EB-3 visa applicant. However, in order to obtain an EB-3 visa, the applicant must have a job offer and labor certification approved by the U.S. Department of Labor (DOL). The employer must also file a Form I-140, Petition for Alien Worker, with United States Citizenship and Immigration Services (USCIS) and pay any applicable filing fees.

8. Are there any limitations on the number of visas available under the EB-3 program?

Yes, as with other employment-based immigrant visa categories, there are numerical limits (or “caps”) on the number of visas that can be issued each year under the EB-3 program. For the fiscal year 2021, the cap is 40,040 visas. This number is subject to change each year based on demand.

9. How can I check the status of my EB-3 visa application?

You can check the status of your EB-3 visa application by visiting the U.S. Department of State’s website at https://ceac.state.gov/CEAC and entering your name and case number.

10. What documents should I provide when applying for an EB-3 visa?

When applying for an EB-3 visa, you will need to provide the following documents:

1. Valid passport
2. Completed I-140 immigrant petition and approved I-797 receipt notice
3. Proof of job offer from a US employer
4. Evidence of your qualifications such as educational certificates, work experience letters, etc.
5. Evidence of having the required amount of money to support yourself while in the US
6. Two passport-sized color photographs
7. Evidence of family ties and/or relationships in the US (if applicable)
8. Proof of legal entry/exit from any countries you have visited in the past year
9. Any other documents requested by the US embassy or consulate

11. What other family members can I bring with me on my EB-3 visa?

Your spouse and unmarried children under the age of 21 may accompany you on your EB-3 visa. They will be eligible for derivative permanent resident status, meaning they can remain in the U.S. as long as you do, provided they remain eligible for the visa classification.

12. How long can I stay in the US with an EB-3 visa?

The duration of stay for EB-3 visa holders is typically three years, although it can be extended if the individual has filed for permanent residence.

13. Is it possible to change my status to permanent resident while in the US with an EB-3 visa?

Yes, it is possible to change your status to permanent resident while in the US with an EB-3 visa. You must first file an I-485 form with the USCIS, which is an Application to Register Permanent Residence or Adjust Status. You must also submit evidence that you are eligible for adjustment of status, including proof that you have an approved immigrant petition and a current, valid visa. After your application has been reviewed and approved, you can become a permanent resident of the United States.

14. Are there any restrictions on travel outside the US while on an EB-3 visa?

Yes, there are some restrictions on travel outside the US while on an EB-3 visa. You may need to apply for a re-entry permit before you travel outside the US. Additionally, you may need to obtain a visa from the country you are traveling to. You should speak with an immigration attorney about any specific travel restrictions related to your EB-3 visa.

15. Can I apply for a green card after obtaining an EB-3 visa?

Yes, you can apply for a green card after obtaining an EB-3 visa. After entering the U.S. with an EB-3 visa, you must file a Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for your green card.

16. What kind of medical examination is required for an EB-3 visa applicant?

EB-3 visa applicants are required to complete a medical examination from a doctor who is authorized by the United States Citizenship and Immigration Services (USCIS). The examination should include a physical examination, chest X-ray, and blood tests for syphilis.

17. Are there any special tax rules or requirements for holders of an EB-3 visa?

Yes. Holders of an EB-3 visa are subject to the same tax rules and requirements as U.S. citizens. This includes filing taxes, paying taxes, and reporting income to the Internal Revenue Service (IRS). Additionally, if the EB-3 visa holder is a foreign national, they may need to file a nonresident tax return or FBAR form. Depending on the individual’s circumstances, they may also be eligible for certain deductions or credits.

18. Can I extend my stay in the US with an EB-3 visa?

Yes, you can extend your stay in the US with an EB-3 visa. You must meet all the eligibility requirements for an extension of stay and file a Form I-539, Application to Extend/Change Nonimmigrant Status.

19. Can I bring my dependents to the US with me on my EB-3 visa?

Yes, dependents can accompany you to the US on your EB-3 visa. Dependents include your spouse and unmarried children under the age of 21.

20. Are there any restrictions on types of employment while on an EB-3 visa?

Yes, there are restrictions on types of employment while on an EB-3 visa. An EB-3 visa requires that the applicant must be sponsored by their prospective employer to work in a professional or skilled position. This means that the job must be one that requires at least two years of experience or specialized training and a minimum of a bachelor’s degree. Other restrictions may apply depending on the country of origin and circumstances of the applicant.