There are many ways that a person from another country can gain legal access to or citizenship in the United States of America. Visas are an important part of immigration and there are different kinds you can apply for depending on who you are and what you do. An EB-3 visa is an employment-based visa that allows skilled workers and professionals to work in the United States and become permanent residents. If you want to know whether you qualify for an EB-3 visa or have questions about the immigration process, speak with an employment visa attorney in NYC for skilled assistance.

What Are the Benefits of the EB-3 Visa?

Different visas offer immigrants varying benefits. The EB-3 visa may be a good choice for you when attempting to work in the United States because of the following advantages that it offers holders.

  • Visa holders are able to work and live permanently in the U.S.
  • They may be able to become a citizen eventually
  • They can bring family members with them, given that they are either a spouse or an unmarried child under the age of 21

Who is Eligible for an EB-3 Visa?

There are three subcategories of EB-3 visa applicants that are qualified. To be eligible you must be either a skilled worker, professional, or other type of worker.

  • Skilled workers: These applicants must have two or more years of experience or training in their field and have a valid job offer from an employer in the United States.
  • Professionals: Applicants who are applying as a professional must have a bachelor’s degree or foreign equivalent education and have a valid job offer from an employer in the United States.
  • Other workers: These applicants must be capable of performing unskilled labor requiring less than two years of experience or training and have a valid job offer from an employer in the United States.

To apply for an EB-3 visa an applicant must meet one or more of the above educational, experiential, or skill-based requirements, obtain a job offer, and prove that no United States citizen can fill the position.

How Do You Apply?

If you are eligible for an EB-3 visa you will apply for it using one of two ways, either from within the United States or from outside of the United States. Reference the below steps applicants will follow when applying for an EB-3 visa.

  • Your employer must first obtain a permanent labor certification from the DOL (Department of Labor).
  • File form I-140, the Immigrant Petition for Alien Worker. This form has a filing fee of $715 which is covered by the employer and an immigrant fee of $235.
  • Applicants within the U.S. should then file form I-485, the adjustment of status application. There is an associated filing fee of $1,440.
  • Applicants outside of the U.S. should then file form DS-260, the green card application along with form I-864, the Affidavit of Support.
  • Attend a biometric screening which has a fee of $85. This screening is typically required for applicants ages 14 to 79.
  • Once your I-140 petition has been approved your spouse or eligible children can apply for legal entry into the United States.