Individuals seeking to live and work in the United States face an intimidating array of choices regarding the visas that authorize an individual to do so. There are two main classes of visas. The first set is intended for immigrants seeking to permanently put down roots in the United States. There are five main classes of this type of visa for permanent workers. The other set of visas is intended for individuals seeking to live and work in the U.S. on a temporary basis. Visas of this type are extremely numerous with at least 15-20 different classes available.
The EB-3 visa, or third employment-based preference, is part of the first set of visas that provide an intending immigrant with a green card and and pathway to citizenship. Skilled workers, professionals, and other workers may be able to qualify for an EB-3 visa provided that they can meet certain requirements and remain admissible to the United States.
Who can Qualify for an EB-3 Visa?
The first categories of workers who can qualify for the third reference category are skilled workers. Skilled workers are individuals performing a job or occupation requiring at least two years of work experience of training. Furthermore, the job the skilled worker preforms may not be seasonal in nature. Furthermore, the job performed must be of a type of work in which qualified workers are not available in the United States. Skilled workers must have a job offer and an employer to sponsor them throughout the labor certification and application process.
The second category of individuals who may be able to qualify for an EB-3 visa are professionals. Professionals include possess, at least, the equivalent of a U.S. baccalaureate degree. Alternate education and experienced are not acceptable substitutes for a bachelor’s degree. Additionally, a baccalaureate degree must be the regular, and normal requirement for workers in this occupation. Professionals must also have a job offer and must also satisfy the labor certification process.
The final category of workers who may be able to qualify for an EB-3 visa are other unskilled workers. Other workers are defined as workers performing a job requiring less than two years of training or experience to perform. Additionally, to qualify under this category the work may not be temporary or seasonal in nature.
EB-3 Visas Require U.S. DOL Labor Certification
Before one files their immigration petition, an application for labor certification must be filed by the employer. Individual labor certification can be applied for via department of Labor Form 9089. It is th employer’s responsibility to engage in and complete the labor certification process. To satisfy the labor certification process the applicant must generally show a job offer and that his or her authorization to work in the United States will not harm the competitiveness of U.S. workers. Additionally, the employer must demonstrate that the organization has engaged in a sufficient recruitment process targeting U.S. workers and this process was unable to locate any qualified individuals.
The labor certification process is not a mere formality. Since the right to live and work in the United States on a permanent basis typically follows certification, a full and thorough assessment of the intending immigrant and his or her ability to meet such requirements is performed.
Can my Family Members Be Admitted to the United States Through My EB-3 Visa?
Individuals considering immigrating to the United States are frequently concerned with whether their spouse, children and other loved ones will be permitted to come to the United States. As with the body of immigration visas for permanent workers, some family members may also come to the United States. Generally, the spouse of an EB-3 immigrant may, along with the qualifying worker, apply for a green card showing legal permanent resident status. Children who are unmarried and have not yet reached age 21 may also, generally, be admitted to the United States. One caveat to these general authorizations is that the qualifying family member must maintain their status as admissible to the United States.
Experienced Immigration Attorneys Work With Employers & Individual Immigrants
The experienced and dedicated immigration attorneys of Colombo & Hurd are dedicated to providing strategic immigration advice and representation. Our firm works closely with individual immigrants and employers to achieve their immigration goals. To schedule a confidential legal consultation with our experienced attorneys, call 407-478-1111 or contact us online.
