EB-3 Green Card: Your Top Questions Answered

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Key Takeaways:

EB-3 Green Card is popular for professionals and skilled/unskilled workers, offering a pathway to U.S. permanent residency.
FAQs cover premium processing, fees, differences from H-1B visa, requirements, process, and possibility of transitioning to U.S. citizenship.
Important details include PERM Labor Certification, priority date, porting to EB-2/EB-1, and possible denials/appeals.

Introduction

Navigating the pathway to U.S. permanent residency can be complex, especially when it revolves around employment-based options such as the EB-3 Green Card. Ideal for professionals, skilled, and unskilled workers, the EB-3 Green Card is a popular choice in the realm of employment immigration, often following temporary residence under an H-1B Visa. Below, find a curated list of frequently asked questions that shed light on the nuances of obtaining an EB-3 Green Card, and how it compares to other immigration pathways.

FAQs

EB-3 Green Card: Your Top Questions Answered

1. What is an EB-3 Green Card?
An EB-3 Green Card grants permanent U.S. residence based on employment. It is available to skilled workers, professionals, and other workers who may not meet the higher qualifications of EB-1 or EB-2 categories.

2. Can I use premium processing for my EB-3 application?
Yes, most EB-3 applications are eligible for premium processing. By submitting Form I-907 and a fee of $2,500, you can reduce the I-140 processing time to just 15 calendar days. However, approval of your petition does not mean immediate green card issuance; you must wait for your priority date to become current.

3. What are the basic fees involved in applying for an EB-3 Green Card?
The primary fee is the I-140 filing fee of $700, which must be paid by the employer. Subsequent costs depend on whether you adjust your status or go through consular processing, which can include biometrics and processing fees ranging from $750 to $1,225 based on your age and application process.

4. What are the advantages and disadvantages of choosing an EB-3 Green Card?
– Pros:
– Allows permanent U.S. residence.
– Lower qualification requirements compared to EB-1 and EB-2.
– Green cards are valid for ten years and are renewable.
– Cons:
– Longer waiting periods due to PERM Labor Certification.
– No bypassing the PERM requirement like in some EB-2 cases.

5. How is an EB-3 Green Card different from an H-1B Visa?
The EB-3 is an immigrant visa providing permanent residence, while the H-1B is a nonimmigrant visa allowing temporary stay for employment. Essentially, EB-3 holders can reside permanently in the U.S., whereas H-1B holders have a maximum stay of six years unless they transition to a green card.

6. What are the requirements to obtain an EB-3 Green Card?
Applicants must either have a bachelor’s degree, at least two years of job experience, or for unskilled workers, a non-seasonal full-time job offer. A job offer and employer sponsorship are essential.

7. How can I check my EB-3 priority date and what does it influence?
Your priority date can be found on your I-797 notice from USCIS. It determines your place in line for a visa number. You can track the progress of this date in the State Department’s visa bulletin here.

8. Can I apply for multiple green cards, such as EB-2 and EB-3, at the same time?
Yes, you can file multiple green card applications simultaneously through different employers or the same employer if the job offers meet different category requirements.

9. What is involved in the PERM Labor Certification for an EB-3?
The PERM Labor Certification is a mandatory step for EB-3 that involves your employer proving no qualified U.S. worker was available for your job. This includes posting job ads and possibly dealing with audits or supervised recruitment.

10. Can I transition from an H-1B Visa to an EB-3 Green Card?
Yes, many opt to change their status from an H-1B Visa to an EB-3 as a pathway to permanent residency. The process involves your employer filing an I-140 petition on your behalf and obtaining a PERM Labor Certification.

11. What does the EB-3 application process entail?
After obtaining a PERM Labor Certification, your employer files an I-140 petition. Once approved, you wait until your priority date is current. Then, proceed with either Adjustment of Status or consular processing to obtain your green card.

12. How can I transition from an EB-3 to U.S. citizenship?
After maintaining permanent resident status for five years (or three years if married to a U.S. citizen), you can apply for U.S. citizenship through naturalization using Form N-400.

13. Is there an interview involved in the EB-3 Adjustment of Status process?
Possibly. An interview can be required where officials verify your eligibility and authenticity of documents. Being honest and prepared is crucial, as discrepancies can affect your application.

14. What steps are involved in porting from an EB-3 to an EB-2 or EB-1?
You would need to meet the higher qualifications of EB-2 or EB-1, secure a job offer under those terms, and process a new PERM and I-140, retaining your previous EB-3 priority date.

15. What should I do if my attempt to port from an EB-3 to an EB-2 is denied?
If denied, you can appeal or file a motion to reopen or reconsider based on new evidence or legal error. Your existing EB-3 application may still be viable.

Understanding the steps and requirements for an EB-3 Green Card can streamline your journey in employment immigration to the U.S. For further queries, always consider consulting with a qualified immigration attorney to navigate this complex process effectively.

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Glossary of Immigration Terms

1. EB-3 Green Card
An EB-3 Green Card allows foreign nationals to gain permanent residency in the United States based on employment. This category includes skilled workers (with at least two years of experience), professionals (requiring a U.S. bachelor’s degree or foreign equivalent), and other unskilled workers (requiring less than two years of training or experience).

2. Premium Processing
A service offered by the United States Citizenship and Immigration Services (USCIS) that expedites the processing of certain visa petitions. For an additional fee, USCIS guarantees that certain employment-based petitions, like an EB-3 application, will be processed within 15 calendar days, not counting the time required to respond to USCIS queries or make decisions.

3. I-140 Petition
An immigrant petition for alien workers filed by an employer on behalf of a foreign employee. This form is part of the process to obtain an employment-based green card in categories like EB-3. Its approval by USCIS is a crucial step, required before an applicant’s priority date allows them to apply for a green card.

4. PERM Labor Certification
A procedure to prove that there are no qualified U.S. workers able, willing, qualified, and available to accept a job at the prevailing wage for that occupation in the area of intended employment. This certification must be obtained by the employer from the Department of Labor before filing an I-140 petition for visas like EB-3.

5. Priority Date
In the context of U.S. immigration, the priority date is the date when an immigrant petition (I-140) is properly filed with USCIS or a labor certification application is accepted by the Department of Labor. This date determines an individual’s place in line for a visa, with visa availability subject to annual caps by country and category. Your place can be monitored through the Visa Bulletin issued by the State Department.

This Article In A Nutshell:

Navigating the EB-3 Green Card process in the U.S.? It offers permanent residency for skilled and unskilled workers. With lower qualifications than EB-1 or EB-2, an EB-3 entails fees, sponsorships, and PERM Labor Certification. Understand the process from I-140 to citizenship. For expert guidance, consult an immigration attorney.
— By VisaVerge.com

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