Talamantes Immigration Law Firm gives an overview of employment-based visas, including the EB-3.

Employment-Based Visas

  • Nov 8 2019

If you are looking to come to the U.S. for work, you have several visa options. Employment-based visas allow a person to come to the U.S. for job purposes. The different employment-based visa categories each apply to different types of workers and carry specific requirements that must be met in order for the visa to be granted. An EB-3 visa is one type of employment-based visa.

What is an EB-3 Visa?

Some immigrants may not qualify for an EB-1 or EB-2 visa preference category. They may, however, still qualify for an EB-3 visa. An EB-3 visa is for “skilled, professional, or other workers.” The requirements for an EB-3 visa are not as rigorous as those of EB-1 or EB-2, but, unlike the EB-1 category that applies to workers with extraordinary abilities, EB-3 applicants require an employer to sponsor them. An EB-3 applicant must have a permanent, full-time job offer. The applicant must also have a labor certification and proof that he or she will be performing work for which qualified workers are not available in the U.S.

An EB-3 visa applies to those looking to come to the U.S. for employment that requires:

  • A baccalaureate degree or the foreign equivalent (Professionals),
  • 2 years of training or experience (Skilled workers), or
  • Less than 2 years of experience in order to become proficient (referred to as “unskilled” or “other” workers; temporary or seasonal jobs are excluded).

While there are less stringent requirements applied to EB-3 visa applicants, there is usually a long waiting list for approval.

To apply for an EB-3 visa, the applicant’s employer, referred to as the “petitioner,” is required to file Form I-140, Petition for Alien Worker. The employer will be required to demonstrate an ability to pay the offered wage to the prospective visa holder as of his or her visa priority date. This ability can be demonstrated through presenting an annual report, federal income tax return, or other similar financial documents.

If a person is granted an EB-3 visa, his or her family is eligible to join them in the U.S. The visa holder’s spouse may come to the U.S. on an E-34 visa or EW-4 visa. Minor children of the visa holder, who are under the age of 21 and unmarried, will usually be admitted on an E-35 or EW-5 visa. Additionally, the spouse of the visa holder is eligible to apply for an Employment Authorization Document (EAD), which will allow them to work while in the U.S.

Immigration Attorney for Workers Looking to Come to the U.S.

If you are looking to come to the U.S. as an employee, Talamantes Immigration Law Firm will help you explore your visa options. The requirements and application process is specific and we will help ensure that things go along smoothly and successfully. Contact Talamantes Immigration Law Firm today.

Posted in: Employment Based Immigration