Contact an Immigration Attorney
Call us today at (818) 238-9444, so that we can answer your questions, provide initial consultation on your immigration matter, assess how we can help you or can point you in the right direction as you take on this important and life-changing pursuit.
Rebecca I. Pathak
Who is Eligible for EB-3 Visas
- “Skilled workers” whose jobs require minimally 2 years of training or work experience and who possess skills in demand in the U.S.
- “Professionals” whose work roles require at least a U.S. bachelors degree or foreign equivalent and who possess skills in demand in the U.S.
- “Other workers” who perform unskilled labor that does not require 2+ years of training or experience but who possess skills in demand in the U.S.
Those qualifying for EB-3 work visas and permanent resident status are not seasonal or temporary workers.
What is the Process to Obtain an EB-3 Green Card & Permanent Resident Status?
- You must first receive an offer for permanent full-time employment in the U.S.
- Your employer must receive approved Labor Certification (PERM) from the U.S. Department of Labor confirming that your employer sought U.S. workers for your position but was unable to find U.S. candidates who were willing and qualified
- Your immigration attorney should provide expertise and support, drafting the “job description,” education and experience requirements on the ETA-9089
- Your immigration attorney will help you/your employer select the correct title for the opportunity, taking into account the available position, salary range, education and experience
- Your employer will file Form I-140, Petition for Alien Worker on your behalf (this form includes proof – by way of federal income tax return, audited financial statement or annual report – of the ability to pay offered wage). See the U.S. Department of State’s Visa Bulletin to get an idea of when you may get your Green Card
What to Know About the EB-3 Green Card Process?
- Only 40,000 EB-3 green cards are granted each year, 30,000 of which are reserved for “professional” and “skilled workers”
- “Other workers” who are not required to possess 2 years of training or experience or a bachelor’s degree experience a much longer wait time for green cards since there are less green cards available for this category and the demand for EB-3 work green cards for “other workers” is high
- The visa bulletin is processing 2011 applications for the EB-3 category, so the waiting time is three or more years. Those waiting must maintain non-immigrant status during the waiting period.
- EB-2 and EB-1 categories are current now and those who qualify for these categories are eligible for “combined processing” — filing the I-140 at the same time as the adjustment of status package, which includes an independent work permit and advance parole travel document
- Spouses of EB-3 visa holders under E34 – spouse of “skilled worker” or “professional” – or EW4 – spouse of “other worker” – status. During the application process, spouses can file for an Employment Authorization Document (EAD)
- Minor children (under 18) of EB-3 green card holders may be admitted into the U.S. under E35 – child of “skilled worker” or “professional” – or EW5 – child of “other worker” – status
What are Some Processing Times for the EB-3 Green Card?
- 656.17 – PERM recruitment conducted between 30-180 days prior to filing
- 656.18 – Must be filed within 18 months after selection
- 656.10 – Must file 30-180 days after filing 656.18
Where to Begin?
As you undertake the often demanding and emotional process of obtaining an EB-3 green card and permanent resident status, it can be tremendously helpful to receive specialized guidance and assistance. At Pathak Law Firm, serving the LA area and clients across the globe, we’re here to provide caring, knowledgeable help from start to finish.
Call us at 818-238-9444 to schedule a consultation!