Seeking an EB-3 Visa in New Jersey
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EB-3 visa is for skilled workers, professionals, and other workers who cannot classify
for the EB-1 or EB-2 visa. An EB-3 visa petition must show that there
is no other U.S. citizen or lawful permanent resident that is able or
willing to take the job.
This is a long process, however, as the applicant has to make all the necessary
recruitment steps, such as publishing the job offer in newspapers of general
circulation. Moreover, the EB-3 Visa category is generally backlogged
and the visa may not be available for 3 or more years. Some people applying
for an EB-3 category acquire additional experience or credentials, and
can qualify for an upgrade to an EB-2 visa.
Requirements for an EB-3 Visa
There are two important requirements for an EB-3 visa petition:
- Having a certified Labor Certification from the Department of Labor (DOL),
submitted on the form ETA-9089 by the U.S. employer;
- The employer must show the ability to pay salary when the I-140 petition
is filed with USCIS.
In addition, the applicant must provide documented evidence on training
and work experience in his or her professional field.
Who Is the EB-3 Visa For?
The EB-3 visa is intended for the following three categories of workers.
The job requires at least a U.S. baccalaureate degree or foreign equivalent
degree, showing that the degree is the requirement for the practice of
that profession. A worker with a bachelor's degree and less than five
years of work experience can opt for this category. Labor certification
and a permanent full-time job offer are required. You must be performing
work for which qualified workers are not available in the United States.
This category includes occupations such as: lawyer, doctor, architect,
engineer, or teacher.
The job does not require a bachelor's degree. You must be able to demonstrate
at least two years of experience or job training, not of temporary or
seasonal nature. Labor certification and a permanent and a full-time job
offer are required. You must be performing work for which qualified workers
are not available in the United States
This category includes occupations such as: chef, journalist, stylist,
or technician in charge of information technology.
Other job categories which require training or experience of less than
two years of experience, are usually considered "non-qualified"
and thus fall into the following category.
Unskilled Workers (Other Workers)
Unskilled jobs require less than two years of training or experience, not
of temporary or seasonal nature, for which qualified workers are not available
in the United States.
This category includes occupations such as: baby sitter, housekeeper, caretaker,
garden maintenance worker, or nurse.
EB-3 Visa Application Process
The employer in the U.S. will have to start the process for the Labor Certification
and show that he or she has tried to recruit U.S. workers, but did not
find anyone sufficiently qualified or available. U.S. employers also have
to demonstrate their ability to pay the wages offered, through supporting
documentation such as tax returns and/or annual reports.
The immediate relatives of the EB-3 visa holder can get a
Green Card, under one of these categories:
- E34 spouse of a professional or a skilled worker
- EW4 spouse of "other worker"
- E35 child under 18 years old, of a professional or a skilled worker
- EW5 child under 18 years old, of an "other worker"
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