EB-3 visa: Difference between revisions

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	==Application==		==Application==
	The application process begins with obtaining a ], by submitting ] Form 9089. The applicant does not need to be employed when the labor certification is filed; a future job offer is sufficient.<ref>{{cite web\|url=http://www.immigration.com/greencard/eb3-green-card/eb-3-bachelors-degree-skilled-workers\|title=EB-3 Bachelor's degree, Skilled Workers\|date= 2009-02-02\|archivedate=2012-08-23\|archiveurl=http://www.webcitation.org/6A8D8GAzx}}</ref> The labor certification will accompany the actual application, the ''Petition for Alien Worker'' (form ]), which will confirm the applicant's ]. The spouse and minor children of the EB-3 applicant may also be admitted to the United States under E34, E35, EW4 ot EW5 visas.<ref name="USCIS"/> During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to ].<ref name="imminfo-eb3" />		The application process begins with obtaining a ], by submitting ] Form 9089. The applicant does not need to be employed when the labor certification is filed; a future job offer is sufficient.<ref>{{cite web\|url=http://www.immigration.com/greencard/eb3-green-card/eb-3-bachelors-degree-skilled-workers\|title=EB-3 Bachelor's degree, Skilled Workers\|date= 2009-02-02\|archivedate=2012-08-23\|archiveurl=http://www.webcitation.org/6A8D8GAzx}}</ref> The labor certification will accompany the actual application, the ''Petition for Alien Worker'' (form ]), which will confirm the applicant's ]. The spouse and minor children of the EB-3 applicant may also be admitted to the United States under E34, E35, EW4 ot EW5 visas.<ref name="USCIS"/> During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to ].<ref name="imminfo-eb3" />

	==Costs==		==Costs==
	As of September 2012, the ] application processing fee for employment-based immigrant visas is {{US$\|405}}.<ref name="DoS-fees">{{cite web\|title=Fees for Visa Services\|url=http://travel.state.gov/visa/temp/types/types_1263.html#perm\|publisher=]\|accessdate=27 August 2012}}</ref> The fee for the ] ''Petition for Alien Worker'' (form ]) is {{US$\|580}}.<ref>{{cite web\|title=Check Filing Fees\|url=http://www.uscis.gov/fees\|publisher=]\|accessdate=27 August 2012\|month=November\|year=2010}}</ref> Other costs include medical examination and, if applicable, required vaccinations; translations; fees for obtaining supporting documents such as passport, police certificates, birth certificates, etc.<ref name="DoS-fees" />		As of September 2012, the ] application processing fee for employment-based immigrant visas is {{US$\|405}}.<ref name="DoS-fees">{{cite web\|title=Fees for Visa Services\|url=http://travel.state.gov/visa/temp/types/types_1263.html#perm\|publisher=]\|accessdate=27 August 2012}}</ref> The fee for the ] ''Petition for Alien Worker'' (form ]) is {{US$\|580}}.<ref>{{cite web\|title=Check Filing Fees\|url=http://www.uscis.gov/fees\|publisher=]\|accessdate=27 August 2012\|month=November\|year=2010}}</ref> Other costs include medical examination and, if applicable, required vaccinations; translations; fees for obtaining supporting documents such as passport, police certificates, birth certificates, etc.<ref name="DoS-fees" />

	==See also==		==See also==
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	]		]


	{{US-law-stub}}

Revision as of 03:15, 27 December 2013

The EB-3 is an immigrant visa preference category for United States employment-based permanent residency. It is intended for "skilled workers", "professionals", and "other workers". Those are prospective immigrants who don't qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog is much longer: typically 6 to 9 years, except for residents of India and China, for whom the backlog is even longer, sometimes more than 12 years. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. There is no "self-petition" category.

Eligibility criteria

The EB-3 category has three subcategories. For each, eligibility requirements include:

a labor certification
a permanent, full-time job offer
ability to demonstrate that the applicant will be performing work for which qualified workers are not available in the United States.

Separate requirements follow.

skilled workers - must be able to demonstrate at least 2 years of job experience or training
professionals - must possess a U.S. baccalaureate degree or foreign degree equivalent, and must demonstrate that a baccalaureate degree is the normal requirement for entry into the occupation. Education and experience may not be substituted for a baccalaureate degree.
other workers - must be capable, at the time the petition is filed by the sponsoring employer, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Quotas

As of September 2012, the Department of State determined that the FY-2012 numerical limit for the worldwide employment-based preference must be 144,951, and the per-country limit must be 7% of the worldwide cap, regardless of the population of the country (this explains the enormous backlog for India and China). Out of this, the EB-3 category is limited to 28.6% of the worldwide level, plus any numbers not used by EB-1 and EB-2 ("spillover"), and with not more than 10,000 for "other workers".

Application

The application process begins with obtaining a labor certification, by submitting ETA Form 9089. The applicant does not need to be employed when the labor certification is filed; a future job offer is sufficient. The labor certification will accompany the actual application, the Petition for Alien Worker (form I-140), which will confirm the applicant's priority date. The spouse and minor children of the EB-3 applicant may also be admitted to the United States under E34, E35, EW4 ot EW5 visas. During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to EB-2.

Costs

As of September 2012, the Department of State application processing fee for employment-based immigrant visas is US$405. The fee for the USCIS Petition for Alien Worker (form I-140) is US$580. Other costs include medical examination and, if applicable, required vaccinations; translations; fees for obtaining supporting documents such as passport, police certificates, birth certificates, etc.

External links

References

^ "Employment-Based Immigration: Third Preference EB-3". USCIS.
"The EB3 India backlog is still bad". ImmInfo.com. 2010-12-15.
"The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition". Employment-Based Immigrant Visas. Bureau of Consular Affairs. Retrieved 27 August 2012.
^ "Employment Based Green Cards". ImmInfo.com.
"SO - Spill Over". 2011-01-28. Archived from the original on 2012-08-23.
"Visa Bulletin For September 2012". Bureau of Consular Affairs. 2012-08-23.
"EB-3 Bachelor's degree, Skilled Workers". 2009-02-02. Archived from the original on 2012-08-23.
^ "Fees for Visa Services". Bureau of Consular Affairs. Retrieved 27 August 2012.
"Check Filing Fees". USCIS. 2010. Retrieved 27 August 2012. {{cite web}}: Unknown parameter |month= ignored (help)

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