Visas & Advice Detail
The visa guide: EB-3
Matt French looks at gaining permanent residency through employment
The dream of getting that all-important green card (permanent residency) is attainable through the EB-3 visa, and eligibility requirements for the EB-3 category are less stringent than in the EB-1 and EB-2 classifications.
However getting to the US through the EB-3 is not as straightforward as one would hope. The process can take a number of years to complete, but nonetheless serves as a route to migration for many Brits.
What is the EB-3 visa?
The EB-3 is an immigrant visa which allows foreign nationals who are skilled workers, professionals and other type of workers to enter the US to work and obtain permanent residency.
Who may qualify in the EB-3 visa category?
There are a number of types of worker who can qualify for a EB-3 employment-based immigrant visa. These are 'professional workers', 'skilled workers' and so-called 'unskilled workers'.
To be classed as a 'professional worker' an applicant must hold a US baccalaureate degree, or foreign equivalent degree, which is normally required for their profession. Other education and experience may not be substituted for the degree.
Those who seek an EB-3 visa as a skilled worker require at least two years of experience or training. The training requirement may be met through relevant post-secondary education.
Meanwhile, unskilled workers are those with less than two years of higher education, training or experience in their field of employment. However, a petitioner could expect to wait many years before being granted a visa under this category as an unskilled worker due to the 'labour certification' process (see below).
What is the procedure for applying for an EB-3 visa?
The first step to attaining permanent residency through this visa category is to find a US institution or business willing to employ you in the states on a full-time basis.
Once you have secured this promise of employment, the potential employer must file a United States Citizenship and Immigration Service (USCIS) Form I-140 at the USCIS Regional Service Centre that serves the area where you would be working. All I-140 EB-3 visa petitions must include a labour certification and a permanent, full-time job offer.
What is labour certification?
Labour certification is the process by which US authorities attempt to ensure that foreign nationals entering the states to work do not take job opportunities away from American workers.
Before a US employer can submit an immigration petition to the USCIS, the employer must obtain an approved labour certification request from the Department of Labour's Employment and Training Administration (ETA). The ETA must certify to the USCIS that there are no qualified US workers able, willing and available to accept the job at the prevailing wage for that occupation in the area of intended employment. The subsequent employment of the alien must also be deemed not to adversely affect the wages and working conditions of similarly employed US workers.
Employers must post notice of the job opportunity for at least ten consecutive business days. The notice period must be between 180 and 30 days before filing an EB-3 application. Notification of the position must include use of in-house media, in accordance with normal procedures used for recruitment for similar positions in the organisation, and advertisements in the local media.
All employers must attest to having conducted a thorough recruitment process prior to filing an EB-3 visa application. When filing the petition the employer must prepare a recruitment report in which it categorises the lawful job-related reasons for rejection of US applicants and provides the number of US applicants rejected in each category.
The recruitment report does not have to identify the individual US workers who applied for the job opportunity.
What is the prevailing wage?
The prevailing wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county of the US to the majority of workers in each industry. Prevailing wages are established by the Department of Labour and Industries.
Can EB-3 visa holders bring their families with them to the US?
Upon approval of a Form I-140: Immigrant Petition for Alien Worker, the spouse and dependent children under the age of 21 may apply for immigrant visas through adjustment of status in the US or through consular processing at a US consulate outside of the states.
What are the drawbacks to EB-3 visas?
The main issue with gaining permanent residency through the EB-3 visa is labour certification. It is a long drawn-out process and requires an employer to wait a long time for your services, which not everyone will be willing to do.
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