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EB3 Us Visa Requirements

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The EB3 visa is a powerful option for professionals, skilled workers, and unskilled workers hoping to get permanent residency in the United States. Through the EB3 visa, a U.S. company can sponsor a foreign worker for a green card through a full-time job offer. – PowerPoint PPT presentation

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Title: EB3 Us Visa Requirements


1
EB3 Processing Time in 2020
  • Explained Step-by-Step

2
EB3 Visa
  • The EB3 visa allows a U.S. company to sponsor a
    foreign worker for a green card. Through the EB3
    visa, professionals, skilled workers, and
    unskilled workers can receive a U.S. green card
    based on a full-time job offer from a U.S.
    company.

3
Overview
  • EB3 Visa Overview
  •  
  • EB3 Visa Processing Time (Step-by-Step)
  •  
  • PERM labor certification
  • I-140 Immigrant Petition
  • Immigrant Visa Processing / Adjustment of Status
  •  
  • Conclusion

4
1. EB3 Visa Overview
  • The EB3 visa is a powerful option for
    professionals, skilled workers, and unskilled
    workers hoping to get permanent residency in the
    United States. Through the EB3 visa, a U.S.
    company can sponsor a foreign worker for a green
    card through a full-time job offer.
  • In order to sponsor a foreign worker, the U.S.
    company must try to first hire a qualified U.S.
    worker. Only after the U.S. company has attempted
    and failed to recruit a qualified U.S. worker,
    can they sponsor a foreign worker. To learn more
    about the EB3 visa process, you may see our
    employer sponsored green card post here.
  • Of the total green cards available for foreign
    workers, 28.6 are allocated towards the EB3
    visa. Therefore, approximately 40,000 EB3 visas
    are available per year. Additionally, no more
    than 7 of the total EB3 visas can go to
    nationals of any one country.
  • This means that there are usually more EB3 visa
    applicants than spots, which can lead to a
    backlog. As you will see below, this may impact
    the total EB3 processing time for you, depending
    on the country you are from.

5
2. EB3 Visa Process
  • There are 4 main parts to the EB3 visa process
  •  
  • Step 1 PERM Labor Certification
  • Step2 I-140 Petition
  • Step 3 Wait for Priority Date
  • Step 4 Consular Processing or Adjustment of
    Status
  • I will explain each of these steps and the
    processing time of each step below. If you have
    any questions, my team and I would be happy to
    help you.

6
Step 1 PERM Labor Certification (About 10 Month
Total Processing Time)
  • The first step in the EB3 visa process is for the
    U.S. employer to get an approved PERM labor
    certification. As I mentioned above, before a
    U.S. employer may sponsor a foreign worker, they
    must attempt to hire a qualified U.S. worker. It
    is only after they try and fail to hire a U.S.
    worker, that the U.S. employer can sponsor a
    foreign worker for a green card. Once the U.S.
    employer successfully goes through the PERM
    process, they receive a labor certification from
    the U.S. Department of Labor. Getting an approved
    labor certification is required for the employer
    to sponsor a foreign worker under the EB3 visa.
    This process usually takes about 10 months.

7
Step 2 Form I-140 Immigrant Petition (6 to 9
Month Standard Processing Time, 15 Day Premium
Processing Available)
  • Once the PERM labor certification is approved by
    the Department of Labor, the next step is for the
    employer to submit a Form I-140 to USCIS. The
    Form I-140 is the immigrant petition and it is
    filed by the U.S. employer on behalf of the
    foreign worker. Once the form I-140 is filed, it
    usually takes 6-69 months to get a response from
    USCIS. The US employer can also elect to pay an
    additional 1,440 for premium processing, to
    receive a response in 15 days. If USCIS has any
    concerns about the petition, they may render a
    Request for Evidence (RFE). This can also slow
    down the processing time.

8
Step 3 Wait for Your Priority Date to Become
Current (0 to 10 Years)
  • When you submit your Form I-140 immigrant
    petition you will also receive a priority date.
    Your priority date will tell you when you can
    schedule your immigrant visa interview or apply
    for adjustment of status (next step). For some
    countries, there is no wait time and you can
    schedule a visa interview immediately. For other
    countries, particularly those born in China and
    India, this wait time can be much longer. You can
    look at the USCIS visa bulletin website by
    clicking here for more information about wait
    times. My team and I would also be happy to
    provide you with more information about your
    estimated wait time.

9
Step 4 Consular Processing or Adjustment of
Status (About 9 Months)
  • Once the Form I-140 is approved and your priority
    date is current, the next step is to apply for
    the foreign worker to apply for an immigrant visa
    or apply for an adjustment of status.
  • Apply for Immigrant Visa
  • If you are outside of the United States, you will
    likely apply for an immigrant visa. This is done
    by filing a Form DS-260. A number of months after
    filing the DS-260 you will be required to attend
    a visa interview at the consulate or embassy of
    your home country. Following successful
    completion of the interview, you should receive
    your immigrant visa stamped into your passport.
    This whole process takes about 9 months.

10
  • Apply for Adjustment of Status
  • If you are lawfully present in the United States
    in a valid non-immigrant status, you may be
    eligible to do apply for an adjustment of status.
    An adjustment of status is the process of going
    from a non-immigrant status, to permanent
    resident status while in the United States. To
    apply for an adjustment of status the EB3 visa
    beneficiary (the foreign worker) must file a Form
    I-485 with USCIS. The adjustment of status
    process takes about 9 months to complete. One
    benefit of the adjustment of status is that the
    work authorization (EAD) and advance parole
    (travel permission) usually arrive within 6
    months.
  • Concurrent Filing
  • One of the benefits of an adjustment of status is
    that, if your priority date is current, you can
    concurrently file your form I-485 (adjustment of
    status) along with your Form I-140 (immigrant
    petition). Doing this can save you time on the
    overall EB3 processing time. If youd like to
    know whether youre eligible to do this, please
    email me directly at Michael_at_AshooriLaw.com.

11
3. Conclusion
  • The EB3 visa is a great option for professionals,
    skilled workers, and unskilled workers hoping to
    get permanent residency in the United States.
    There are several steps in receiving an EB3 visa
    application.
  •  
  • PERM labor certification approximately 10 months
    (without audits)
  • Form I-140 Petition approximately 6-9 months (or
    15 days with premium processing)
  • Priority Date wait approximately 0 to 10 years
  • Adjustment of Status or Visa Processing about 9
    months
  •  
  • Therefore, the EB3 processing time should take
    between 1 and 3 years for most EB3 visa
    applications to be processed. Yet, it can be
    longer for people of some countries.
  •  
  • If you have any questions about the EB3
    processing time or about the EB3 visa in general,
    my team and I would be happy to help. Please feel
    free to email me directly at Michael_at_AshooriLaw.co
    m. I am very responsive via email and would be
    happy to assist.

12
Learn more
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