A Complete Guide To The EB3 Visa: What Employers Need To Know

An employment-based immigrant visa, the EB-3, enables foreign employees to enter the United States and work as permanent employees in various occupations. 

Therefore, employers interested in using an EB-3 visa must know the prerequisites and procedures. 

Here is a complete guide to the EB3 visa that employers need to know:

Eligibility Criteria

To be eligible for an EB-3 visa, foreign workers must have at least two years of training or experience. Additionally, the company must get a labor certification from the Department of Labor, and the foreign worker must have the required training or experience for the position.

The Labor Certification Process

The work certification procedure is the first stage in acquiring an EB3 visa, and the employer must apply for it at the Department of Labor. According to the labor certification process, all qualified American workers must fill the position offered before recruiting foreign workers.

Therefore the business must demonstrate that they have tried to look for qualified candidates for the position in America. Following approval of the labor certification, the employer may submit an immigrant petition on behalf of the employee.

The Immigrant Petition Process

The immigrant petition is the second step in obtaining an EB-3 visa. The employer must file an immigrant petition on behalf of the foreign worker with the U.S. Citizenship and Immigration Services (USCIS). The approved labor certification must accompany the immigrant petition.

The immigrant petition should also provide evidence that the foreign worker meets the eligibility criteria for the EB-3 visa; this includes proof of the foreign worker’s education, training, and experience.

Adjustment of Status or Consular Processing

Once the immigrant petition is approved, the foreign worker can either adjust their status if they are already in the United States or apply for a visa at a U.S. embassy or consulate abroad through consular processing.

Adjustment of status is the process of applying for permanent residence while in the United States. On the other hand, consular processing is the process of applying for an immigrant visa at a U.S. embassy or consulate abroad.

EB-3 Visa Priority Dates

EB3 visa priority dates are based on the date the labor certification application is filed. The priority date is when the foreign worker’s place in line is established. Once the priority date becomes current, the foreign worker can apply for an immigrant visa or adjust their status.

EB-3 Visa Quota

The EB-3 visa category is subject to an annual quota. The quota limits the number of EB-3 visas issued each fiscal year. The quota is divided into three subcategories: EB-3(a), which includes professionals with a bachelor’s degree or equivalent. EB-3(b) comprises skilled workers with at least two years of experience. And EB-3(c) includes other workers who are not professionals or skilled workers. However, the annual quota for each subcategory is subject to change each fiscal year.

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Employers who want to recruit foreign workers can do so with the help of the EB-3 visa. However, the procedure could be complicated, and therefore, employers should seek advice from a knowledgeable immigration lawyer to guide them through the process and ensure they adhere to all rules.