If you are considering your options for entering and living in the United States on a visa in pursuit of a green card, you have likely already reviewed a number of visa choices to determine which is the right fit for you. Understanding which visa you best qualify for can be a challenge, but if you are a skilled worker or professional with job experience or higher education, you may find that an EB-3 visa is the right fit for you. So, what are the EB-3 visa requirements?
The EB-3 Visa
An EB-3 visa stands for “employment based visa third preference.” It is a visa available to certain individuals based upon the level of skill they have in their field of employment or the degree of education they have received. An EB-3 visa is not as stringent in requirements as the higher preference EB-2 and EB-1, but navigating the process of applying for an EB-3 can be challenging because you are not permitted to petition on your own behalf. Instead, a qualifying employer must petition for you.
Requirements For An EB-3 Visa
In order to qualify for an EB-3 visa, you will need to meet specific requirements. These depend upon your job skill or education level, and they also require cooperation from a US employer. Your employer will be submitting the petition on your behalf, but they will also need to complete additional steps to prove that you are the right fit for the position.
2 Years Training or Experience
In order to qualify for an EB-3 visa, you will need two years of training or experience in your field of employment. If you do not yet have this, you may qualify based on your educational experience instead. If you are attempting to qualify for an EB-3 on the basis of experience, you will need to demonstrate that you have performed your job as a skilled worker for at least two years. This can be achieved through two direct years of experience, or you can prove that you have undergone sufficient training.
Job Requiring Baccalaureate Degree Or Higher
If you do not qualify based on experience, you may qualify for an EB-3 if you possess a bachelor’s degree or higher, or its foreign equivalent. Most EB-3 applicants have a bachelor’s degree; if you have a master’s or PhD, you may be better suited for other categories. You do not need to attend school in the US as long as you can prove that your foreign degree is equivalent to a US bachelor’s.
Valid Permanent Job Offer From A U.S. Employer
Your employer is the one in charge of sponsoring you for an EB-3. This means that you will need an active job offer from an employer who is willing to sponsor you and employ you. You cannot acquire an EB-3 without an employer that is actively looking to hire you for a position. Similarly, the position must be permanent in nature, not temporary.
Qualifications To Meet The Job
One of the most difficult hurdles in an EB-3 visa application is demonstrating that you, and only you, qualify for the employer’s job opening. In order to prove this, the employer will need to undergo thorough and detailed hiring to demonstrate that the job was also offered to willing and able US citizen applicants but that you, the foreign national, are the only one suitable to fill the position.
How Can An Employment Law Attorney Help?
An employment law attorney is critical in the EB-3 visa application process. The employer-side details are particularly challenging, and many employers who are working without the help of an attorney fail to properly navigate the labor certification portion of an EB-3. The requirements are stringent, with very particular rules on where and for how long job advertisements are posted, how applications for potential qualified candidates are reviewed, and even how the job description is written.
For this reason, your odds of success in acquiring an EB-3 are exponentially better if you rely on the aid of a skilled immigration law attorney. Both you and your employer will benefit, and the process will also become easier as your attorney liaises between both parties.
Speak To A Qualified Immigration Law Firm
If you are considering an EB-3 visa as your path to permanent residence in the United States, you may be feeling overwhelmed about where to start. The Law Offices of Kermit A. Monge would be happy to help you develop a strategy for acquiring an EB-3. Our lawyers can guide both you and your employer through the complex process of the EB-3 application. We will work hard to ensure that your application is processed quickly and that you see the best possible outcome in your case so that you can achieve permanent residence as soon as possible. Reach out today by phone at 571.559.7229 or request a consultation online.