Seeking an EB-3 Visa in New Jersey

EB-3 Visa

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The 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.

Professionals

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.

Skilled Workers

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.

Visa for Family Members

    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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