What is the EB-3 immigrant category?
The EB-3 immigrant category is a specific employment-based immigrant visa preference category within the United States immigration system. It is designed for foreign nationals who possess certain skills, abilities, or professional qualifications and wish to immigrate to the United States for employment purposes. The EB-3 category is intended for individuals who do not meet the higher eligibility criteria of the EB-1 or EB-2 categories.
The EB-3 category is divided into three subcategories:
- EB-3A: Professionals This subcategory is for individuals with a bachelor’s degree or its equivalent, and the job they are being sponsored for requires a minimum of a bachelor’s degree viewster. Examples of professions that might fall under this category include engineers, teachers, accountants, and medical technologists.
- EB-3B: Skilled Workers Skilled workers are individuals who have at least two years of job experience or training relevant to the position being offered. The job offered to them in the U.S. must require a minimum of two years of training or work experience cinewap.
- EB-3C: Other Workers This subcategory is for individuals performing unskilled labor that requires less than two years of training or experience. Jobs in this category might include positions in industries like hospitality, agriculture, or construction.
For all these subcategories, the foreign worker must have a job offer from a U.S. employer willing to sponsor their immigration. The employer typically needs to go through a labor certification process to demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
The availability of visas under the EB-3 category can be subject to annual limits, and there might be waiting times for certain nationalities due to visa quotas. It’s important to note that immigration laws and policies can change, so it’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice for the most up-to-date and accurate information.
Who meets the EB-3 eligibility requirements?
To meet the eligibility requirements for the EB-3 immigrant visa category, individuals must fulfill certain criteria based on the specific subcategory they are applying under. Here’s a breakdown of the eligibility requirements for each of the three subcategories within the EB-3 category:
- EB-3A: Professionals To be eligible for the EB-3A subcategory, the applicant must:
- Have a bachelor’s degree or its foreign equivalent in a field related to the job offer.
- Have a valid job offer from a U.S. employer for a position that requires a bachelor’s degree or higher.
- Possess the necessary qualifications, licenses, or certifications required for the specific profession.
- Demonstrate that the employer has completed the labor certification process, showing that no qualified U.S. workers are available for the position viewster.
- EB-3B: Skilled Workers To be eligible for the EB-3B subcategory, the applicant must:
- Have at least two years of job experience or training relevant to the position being offered.
- Have a valid job offer from a U.S. employer for a position that requires at least two years of work experience or training.
- Demonstrate that the employer has completed the labor certification process, showing that no qualified U.S. workers are available for the position.
- EB-3C: Other Workers To be eligible for the EB-3C subcategory (Other Workers), the applicant must:
- Be seeking employment in a position that requires less than two years of training or experience.
- Have a valid job offer from a U.S. employer for a position that requires less than two years of training or experience.
- Demonstrate that the employer has completed the labor certification process, showing that no qualified U.S. workers are available for the position.
In addition to the specific requirements for each subcategory, all EB-3 applicants must also meet general immigration requirements, such as undergoing medical examinations, submitting to background checks, and adhering to other relevant U.S. immigration regulations.
It’s important to note that the process can be complex, and eligibility requirements may change over time. Consulting the official U.S. Citizenship and Immigration Services (USCIS) website or seeking advice from an immigration attorney is recommended to ensure that you have accurate and up-to-date information tailored to your specific situation.
EB-3 visa filing fees
The filing fees for an EB-3 visa application can vary depending on the specific circumstances and the stage of the application process. Keep in mind that immigration fees are subject to change, and it’s essential to check the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date fee information. However, here are some of the common fees associated with the EB-3 visa application process:
- Form I-140 Filing Fee: The Form I-140 is the Immigrant Petition for Alien Worker, which is filed by the employer on behalf of the foreign worker. The filing fee for Form I-140 is $700.
- Form I-485 Filing Fee (Adjustment of Status): If the foreign worker is already in the United States and is applying for Adjustment of Status (green card application), they would file Form I-485. The filing fee for Form I-485 typically includes the application fee, biometrics fee, and certain other fees.The total filing fee for Form I-485 is $1,140 for applicants aged 14 through 78. Applicants under 14 and over 78 may have different fee structures.
- Form DS-260 Filing Fee (Consular Processing): If the foreign worker is outside the United States and applying for an immigrant visa through consular processing, they would need to pay the visa processing fee associated with Form DS-260. The fee amount can vary and is determined by the U.S. Department of State.
- Other Fees: Depending on the specific circumstances, there might be additional fees for services such as medical examinations, translations, and other documentation.
It’s important to note that the fee amounts and fee structures can change, so it’s recommended to check the USCIS website or contact USCIS directly to get the most accurate and up-to-date information regarding filing fees for EB-3 visa applications. Additionally, employers and applicants should also consider legal and processing fees if they choose to work with an immigration attorney or consultant.
