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EB3 Green Card

Specifics of international private law
JRD Legal > EB3 Green Card

The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.”

This employment-based visa is for those seeking to enter the United States to take up employment that requires either…

    • a baccalaureate degree or equivalent,
    • 2 years’ training or experience (in most cases),
    • or in some cases less than 2 years’ experience in order to become proficient (defined as”unskilled”).
Approval rate for U.S. Visas: 95% 0

Eligibility – It Is Suitable For:

  • Professionals with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company
  • Skilled workers with at least two years of training or experience and with a job offer from a U.S. company
  • Unskilled workers with less than two years training or experience and with a job offer from a U.S. company
  • U.S. companies to sponsor the Green Card application for professional, skilled or unskilled foreign nationals
  • Immediate family members of EB3 Green Card applicants

Note: 

  • Foreign nationals in the process of adjusting their Immigration Status, who are planning to travel abroad, must obtain advance permission prior to leaving the U.S in order to return to the U.S.
  • U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
  • U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Conclusion

The EB3 visa is a great option for professionals, skilled workers, and unskilled workers hoping to get permanent residency in the United States. There are several steps in receiving an EB3 visa application.

  • PERM labor certification: approximately 10 months (without audits)
  • Form I-140 Petition: approximately 6-9 months (or 15 days with premium processing)
  • Priority Date wait: approximately 0 to 10+ years
  • Adjustment of Status or Visa Processing: about 9 months

Therefore, the EB3 processing time should take between 1 and 3 years for most EB3 visa applications to be processed. Yet, it can be longer for people of some countries.

FAQ

1.What are the various categories under the EB-3 visa?

The various categories under the EB-3 Employment based immigrant visa are:

EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company

EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company

EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company

2. What is the definition of ‘advanced degree’ for EB-2 Employment based immigrant visa?

‘Advanced degree’ means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, you must possess a U.S. doctorate or a foreign equivalent degree.

3. What is the definition of ‘unskilled worker’ for EB-3 Employment based immigrant visa?

To be eligible as ‘unskilled worker’, you must be a qualified foreign national who is capable of performing unskilled labor which:

  • Requires less than two years of training or experience
  • Is not of a temporary or seasonal nature
  • Does not have appropriately qualified workers available in the U.S.