Gaining entry to the United States on a visa can be challenging, and many people who can demonstrate skill in their occupation may worry that they have no options for entering the United States because they do not have an advanced degree. However, EB-3 visas may be a good fit for those who are seeking entry but have not completed a post-bachelor’s in their field.
EB-3 visas, which stands for employment-based third preference visas, are available to individuals who would like to enter the workforce in the United States but do not have sufficient qualifications, such as an advanced degree, to apply for an EB-1 or EB-2. Perhaps this is because the person has not completed the education requirements or the field they work in does not typically offer post-grad education, or there may be other reasons.
Who Is Eligible For An EB-3 Visa?
There are several types of people who may qualify for an EB-3 visa; it is not restricted to only those with a bachelor’s degree. In fact, EB-3s can be broken into multiple categories depending upon a person’s unique circumstances.
The EB-3 visa can appeal to those in three categories. Those seeking this visa are not required to hold a bachelor’s degree. Holding years of experience and training allow one to be eligible for this visa. The subcategories are as follows:
Professional workers are defined as those who have achieved a degree in their field of work. The more strict EB-2 category for advanced degree holders requires education in excess of a Bachelor of Arts (BA), but EB-3 professional workers are permitted to have attained only the BA. Similarly, the applicant is not required to possess five or more years of experience, which would be required in the higher preference categories.
In some occupations, a person can be categorized as highly skilled without actually possessing a degree. In this situation, if the individual can demonstrate two or more years of training or experience, they may qualify for an EB-3 under the category of a skilled worker. This may include such jobs as chefs and construction workers for whom experience is critical but an academic degree is not necessary.
Even if a person does not possess a degree or years of experience or training, they may still be able to enter the United States as an unskilled worker. Some occupations, such as gardeners and janitors, are critical but do not easily fit into other EB-3 categories.
The Application Process
The application process for an EB-3 visa is best undertaken with the guidance of a legal professional. The procedure can be complex, and even a seemingly inconsequential decision can have lasting effects on both the validity of the application and the speed at which the petition is reviewed and approved. EB-3 visa applicants may not file the application on their own; rather, an employer must sponsor them and petition on their behalf.
The employer should submit a Form I-140 and demonstrate an ability to continue to pay the offered wage. They can accomplish this by submitting annual statements, income tax returns or other proof of their current financial situation.
What Are The Requirements
EB-3 visas are subject to the labor certification process, which must be undertaken by the employer to prove that no able and willing United States prospects qualify for the job that is being offered to the foreign national. This is one of the most complex steps of the process and everything, from how long job ads are posted to the locations that they are publicly available, will be critical in the petition process.
Seek Out An Experienced Employment Law Attorney
The complexity and importance of minute details throughout the EB-3 visa application process and labor certification make working with a skilled employment law or immigration lawyer crucial. Because the employer must file on the applicant’s behalf, an attorney is an effective means of ensuring that both parties provide the information needed and progress through the steps of the application process in the correct manner. An experienced attorney is able to guide the employer through the many steps of the labor certification process and assist in drafting job descriptions that will satisfy the stringent requirements of USCIS.
Talk To A Knowledgeable Immigration Law Firm
If you are considering pursuing an EB-3 visa, reach out to a skilled immigration law firm to discuss your situation and create a strategy. Whether you are an employer sponsoring a foreign national or a person seeking an EB-3 visa, the Law Offices of Kermit A. Monge, PLLC would be happy to assist you in compiling all the necessary information and navigating the complex process of employment visas so that you can achieve the best possible outcome. Reach out today by phone at 571.559.7229 or request a consultation online.