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EB-3 Employment Based Permanent Residency

Employment Based Immigration

For the EB-3 category, there are three different classifications of workers

  1. Professionals;

  2. Skilled workers;

  3. Other workers.

 

Professional workers are defined as individuals who possess a baccalaureate degree and are entering a job which requires a baccalaureate degree for the entry level.

 

Skilled workers include those who are entering jobs that require a minimum of two years of training or experience for the entry level.

 

Other workers are those who are entering jobs that require less than two years of training or experience.

 

In the EB-3 Category, all jobs require a job offer and must go through the labor certification process. 

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What Are The Steps Required To Receive A Green Card Based Through an Employer Sponsorship?

1) After testing the labor market, a permanent residency (green card) application is filed by a company with the Department of Labor. 

2)  After the approval by the Department of Labor, an I-140 application is submitted to USCIS in which the company has to prove that it has the financial ability to pay the salary of the applicant. The company submits financial records such as tax returns or financial reports. (The I-140 application can be filed "premium processing" which requires an answer by USCIS within 14 business days.) 

3)  Upon I-140 approval, the applicant will file form I-485 with supporting documentation if the applicant is in legal status in the United States.  If the applicant is outside the Unitet States, the case is transferred to the National Visa Center in which the applicant needs to provide a birth certificate, marriage certificate, police certificate and other identification documents depending on their specific country.

4) The National Visa Center, upon receiving all the identification documents by the applicant, will schedule an appointment at the US Embassy in the applicant's home country.

5) The applicant will need a medical exam by a certified doctor in his or her home country and must bring all ID documents to the embassy to receive his or her 10 year permanent residency card.  

6)  After the applicant receives a 10 year permanent residency card, the applicant can file for citizenship 4 years and 9 months from the issue date of the permanent residency card.

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What is the EB-3 (Employment Based) Permanent Residency Category?

Most applications for the EB-3 category are processed by companies requesting an applicant with a 4 year college degree or two years of skilled worker experience. The third option within EB-3 category is the section titled “Other workers”  which are usually low wage or minimum wage jobs that usually do not require any prior experience.  USCIS presently allows 10,000 “Other workers” immigrant visas per year.  Overall, 140,000 immigrant visas are issued for the employment category each fiscal year.

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