USA EB 3 Visa

Applying for an EB-3 visa for immigration to the USA provides an employment-based route to lawful permanent residence in the USA, most commonly referred to as a US Green Card application, for skilled or professional workers wishing to live and work in the USA on a permanent basis.

USA EB-3 visas for skilled immigration sit below the EB-1 visa for priority workers and the EB-2 visa and are designed to include foreign national professionals holding bachelor’s degrees, skilled workers with a minimum of two years of relevant training and experience, and unskilled workers.

Immigrating to the USA can be a complicated and intimidating experience due to the broad range of USA immigration services available. Those wishing to migrate to the USA are faced with making a choice from the array of American visa services on offer which can be a time consuming and confusing process.

Benefits

The key benefit of applying for an EB3 visa for American immigration, like all routes to permanent residency in the USA is that a successful application will allow a candidate to remain in the USA indefinitely, with no time restrictions placed upon them. Unlike temporary American visas such as the B1 business visa and the B2 tourist visa, applicants are not prohibited from working in America. Immigration through US visas of this kind provides a permanent US immigration solution.

It is worth noting however that due to the often lengthy processes involved in applying for a Permanent Resident Card, or USA Green Card, non-immigrant visas such as the H1-B visa or the L1 visa, are often the preferred means of entry. These USA visas which function like a UK work permit or Intra Company Transfer (ICT) can be prolonged through a visa extension, allowing candidates to commence living and working in America whilst their applications for EB3 visas are submitted and allowed to progress.

Making a US Green Card application of this class offers the specific advantage that it does not require the extensive criteria of the EB-1 or EB-2 visas to be fulfilled. Candidates do not have to demonstrate “extraordinary” or “exceptional” achievement and ability in their field. However, unlike the EB1 and EB2, an application for an EB-3 visa requires that a permanent full-time job offer must be in place from a US-based company.

Unlike the UK, where the Highly Skilled Migrant Programme or HSMP allows candidates to immigrate to the UK and to go about securing employment upon arrival, in America, visa applications for almost all employment-based routes require a pre-arranged job offer. Like UK work permits, EB-3 applications are employer-driven, based upon a petition from an American company to gain permission to bring the applicant into the country. Applications in this category must also fulfill the labor certification process.

Eligibility

In America, visas for this permanent residency route can be subdivided into three categories; Professionals, Skilled Workers, and Other Workers. All three categories require the process of Labour Certification to be undertaken which is intended to demonstrate that a position could not have been satisfactorily filled by a worker from the domestic workforce. It must be demonstrated that a job offer is being made as a result of no qualified USA citizens or existing permanent residents being both willing and able to fill the position and that hiring a foreign national for the vacancy will not have a negative impact upon the US workforce.

Professionals

Candidates immigrating to America in this category must hold a U.S. baccalaureate or foreign equivalent (i.e. a bachelor’s degree) to the satisfaction of the normal requirements for the position being offered. The degree is imperative and documentary evidence will be required; this requirement may not be replaced by education or experience.

Skilled Workers

Positions being offered in this category must not be seasonal or temporary in nature and must be at such a level that two years of experience or training are required. In this category, the training requirement may be fulfilled through a relevant course of post-secondary education.

Other Workers

The other worker’s category applies to those immigrating to the United States in order to perform unskilled positions of employment which require less than two years of post-secondary education or experience. Applicants in this category should be aware that due to high numbers of applications, the process may take several years to reach the point at which a United States visa is granted.

Dependents

Like all United States Green Cards, migrating to the USA through an employment-based immigration service provides a permanent route to USA immigration for successful applicants. In accordance with this, spouse immigration and dependent immigration are permitted and candidates may bring their spouse, partner or dependent children to join them in the country.