What are the subcategories of the EB-3 visa?
The EB-3 visa has three subcategories:
1) Skilled Workers: Those with at least two years of job experience or training.
2) Professionals: Those with a U.S. baccalaureate degree or a foreign equivalent degree.
3) Other Workers: Those who don’t qualify as skilled workers or professionals and who perform unskilled labor requiring less than two years of training or experience.
What is the process for obtaining an EB-3 visa?
The general process involves the following steps:
The U.S. employer must obtain a labor certification from the Department of Labor (DOL).
The employer then files Form I-140 with USCIS.
If the I-140 petition is approved, the foreign worker can apply for an immigrant visa at a U.S. consulate or adjust their status to a permanent resident if they are already in the United States.
What are the requirements for a PERM labor certification?
The employer must demonstrate that there are no qualified U.S. workers available to fill the position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Can I work while waiting for my EB-3 visa?
If you are in the U.S. under a valid nonimmigrant status that allows employment, you can continue working while your I-140 petition is pending.
If you are outside the U.S., you will need to wait for your immigrant visa to be issued before you can work in the U.S.
How long does it take to process an I-140 petition?
Processing times for I-140 petitions can vary depending on the workload of the service center and other factors.
Regular Processing: Currently taking 2-3 months.
Premium Processing: 15 days.
You can check the current processing times on the USCIS website.
Can I include my family members in the I-140 petition?
Yes, the principal beneficiary’s spouse and unmarried children under 21 years old can be included as derivative beneficiaries.
They will be eligible to apply for immigrant visas or adjust their status to permanent residents after the principal beneficiary’s I-140 is approved.