USA

Work Visas

H-1B

EB-3

EB-3 visa is an employment-based visa for professionals, skilled workers, and unskilled workers.

EB-3 Work Visa

The EB-3 visa falls under the employment-based third preference category and is divided into three subcategories and has specific eligibility criteria, including job experience, education level, and the ability to demonstrate that qualified U.S. workers.

Before You Begin

Who is Eligible?

Requirements?

• Skilled Workers (EB-3(A)): Individuals with a minimum of two years of job experience or training, who hold a job offer from a U.S. employer.

• Professionals (EB-3(B)): Individuals with a U.S. bachelor's degree or its foreign equivalent, who hold a job offer requiring a bachelor's degree or higher.

• Other Workers (EB-3(C)): Individuals capable of performing unskilled labour that requires less than two years of training or experience, with a job offer from a U.S. employer.

Application & Timeline

Process

• Applicants should be physically fit and commit to working with the employer for a minimum of one year.

• English proficiency is preferred but not mandatory, and applicants may undergo minimal English communication requirements.

• The ideal age range for applicants is typically between 21 and 55 years.

Things to Consider

The Visa Bulletin, published monthly by the U.S. Department of State, determines the availability of immigrant visa numbers for each preference category. Because that EB-3 visa category has a limited number of visas issued each fiscal year, so monitoring the Visa Bulletin is crucial to determine when you can proceed with your application.

Permanent Labor Certification (PERM): The employer initiates the process by filing a PERM application with the U.S. Department of Labor to demonstrate the unavailability of qualified U.S. workers for the position.

Benefits of the EB-3 Visa?

• Permanent residency in the United States.

• The ability to live and work permanently in the U.S.

• The opportunity to bring eligible family members, such as spouse and unmarried children under 21, to the U.S. on derivative visas.

What is a Priority Date?

The priority date is assigned when filing the Form I-140 petition and determines the applicant's place in line for a visa number.

EB-3 visa holders may change employers, provided they meet specific requirements.

Can we change employers?

Are there unlimited EB-3 Visa Green Cards?

Yes, you can expedite the I-140 petition, but it is not available for other application components.

Can I expedite my case with Premium Processing?

Only 40,000 green cards are available annually under the EB-3 category, with 10,000 allotted to unskilled workers.

Form I-140 Petition: Once the PERM is approved, the employer files the Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS) on behalf of the employee.

Form I-485/Consular Processing: Upon approval of the I-140 petition, the applicant may apply for adjustment of status (Form I-485) if already in the U.S. or go through consular processing if residing abroad.

Can I apply for an EB-3 Visa within U.S. on a non-immigrant visa?

Yes, you can apply for an EB-3 visa while in the U.S. on a valid non-immigrant visa. If eligible, you can file Form I-485 to adjust your status to that of a permanent resident without leaving the U.S.

Can I Travel outside the U.S. while my application is pending?

Traveling outside the U.S. while an EB-3 visa application is pending may have implications. It’s important to consult with an immigration attorney or review the specific rules and requirements to ensure that your travel plans align with the immigration process.

Documentation

Overall, The EB-3 visa provides a valuable opportunity for foreign nationals seeking long-term employment and residency in the United States through employment sponsorship. With its various subcategories and eligibility criteria, the EB-3 visa program addresses the needs of both skilled and unskilled workers, benefiting both employers and prospective immigrants. It gives a new life and career in the United States to qualified individuals and their families. However, applicants should be aware of the limited number of visas available each fiscal year and the potential for longer wait times, especially for nationals from high-demand countries like India and China.

• Passports

• Birth Certificates

• Marriage Certificates (if applicable)

• Police Clearance Certificates

• Educational Documents & Transcripts

• Resumes & CVs

Start Consultation

H-1B visa offers excellent opportunities to International students after completing their degrees to remain employed in the United States and continue accumulating experience in their specific field and it helps them to extend their stay beyond the Optional Practical Training (OPT) period. However, navigating the application process and understanding the requirements is essential for success in obtaining and maintaining an H-1B visa

H-1B Work Visa

The eligibility criteria for the H-1B visa includes having a valid job offer from a U.S. employer for a role that requires specialty knowledge, proof of a bachelors degree or equivalent experience in the field, and the employer's demonstration of a lack of qualified U.S. applicants for the role.

Before You Begin

The H-1B visa application process involves multiple steps. In contrast to some other visa types that allow self-application, the H-1B visa necessitates your employer to submit the application on your behalf.

Who is Eligible?

Requirements?

• The applicant must have an employer-employee relationship with the petitioning U.S. employer where the hiring company can hire, fire and supervise your work.

• The job must also be related to the applicant's field of study.

• You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.

Application & Timeline

How long is the H-1B Visa process?

Is there premium processing in H-1B Visa?

Premium processing is available for an additional fee, expediting the adjudication process to provide a decision within 15 calendar days.

How long is the H-1B Visa valid for?

The duration of an H-1B visa is typically three years initially, with the possibility of extension for an additional three years. Extensions beyond the six-year limit are possible under certain circumstances, such as through the AC21 Extension or H-1B Portability provisions. It's essential to comply with immigration regulations.

The government sets a cap of 65,000 H-1B visas issued each fiscal year. The first 20,000 petitions filed for individuals with a master’s degree or higher are exempt from this cap, in addition to workers employed at an institute of higher education, government research organization, or a non-profit research organization. Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B cap. The U.S. government’s fiscal year starts on Oct. 1st. H-1B petitions can be filed up to six months before the start date, which is generally April 1st for an October 1st start date.

Is there a Cap on H-1B Visas issued each year?

Does H-1B Visa lead to Green Card?

The H-1B visa can serve as a pathway to a U.S. Green Card (lawful permanent residence) for foreign workers in certain situations, with the employer typically sponsoring the H-1B visa holder for an employment-based immigrant visa. Dependents, including spouses and unmarried children under the age of 21, may accompany the H-1B visa holder on H-4 visas.

Can I travel outside the USA while on H-1B visa?

You can travel and return to the U.S. as long as your H-1B visa/status is still valid. You must carry with the proof of record of your employment or your visa validity to present at the border.

Contact us today and One of our representatives will contact you with a consultation agreement and walk you through the whole process. Make sure, you have your up-to-date resume/C.V. ready in order to start the process.