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EB-3 Visa: A comprehensive guide

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EB-3 Visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

The EB-3 visa is an employment-based immigrant visa that offers qualified workers the opportunity to live and work in the United States. This visa is intended for skilled, semi-skilled and unskilled workers who have a job offer from a U.S. employer. The importance of the EB-3 visa is that it provides opportunities for both employees and employers and meets the need for skilled labor in the United States.

The EB-3 visa

1. requirements for the EB-3 visa

Qualifications and requirements

In order to obtain an EB-3 visa, applicants must meet certain qualifications. Skilled workers generally require a college degree or equivalent, while skilled laborers must have at least two years of work experience in their field. Unskilled workers do not require specific qualifications, but the job must be permanent and not seasonal in nature.

Specialists

For skilled workers, this usually means that they have a Bachelors degree or an equivalent foreign qualification. In addition, they must be able to prove that their qualifications meet the requirements of the position.

Skilled worker

Skilled workers must have at least two years of professional experience in their field. This experience can be proven by work certificates, references or other evidence. It is important that the experience was gained in a field directly related to the position offered.

Unskilled workers

Unskilled workers do not need any special qualifications, but the job must be permanent and not seasonal in nature. This means that the employer must prove that the position is to be filled on a long-term basis and is not only temporary or seasonal.

Work certification

An essential part of the EB-3 visa process is labor certification. The employer must prove that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. This process is called 'Labor Certification' and is done by the U.S. Department of Labor.

Requirements for work certification

The employer must conduct a labor market test to prove that there are no qualified U.S. workers available for the position. This can be done through job advertisements, job fairs and other recruitment efforts. The employer must document what steps it took to find U.S. workers and why these efforts were unsuccessful.

Employer requirements

The US employer plays a central role in the EB-3 visa process. They must be prepared to make a job offer and provide proof that they are able to pay the salary offered. In addition, the employer must submit the necessary forms and documents for labor certification.

Proof of solvency

The employer must prove that they are in a position to pay the salary offered. This can be done through tax returns, financial reports or other financial evidence. The employer must also ensure that the wage offered meets the minimum legal requirements and is competitive.

The EB-3 visa

2. application process

Step-by-step instructions on how to apply

The application process for an EB-3 visa begins with the filing of the Labor Certification Application (Form ETA-9089) with the U.S. Department of Labor. After the labor certification is approved, the employer must file an Immigrant Petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the applicant can either apply for a visa at a U.S. consulate abroad or, if already legally present in the U.S., apply for adjustment of status (Form I-485).