Key Takeaways:
- The Employment-Based Third Preference (EB-3) visa offers a path to permanent residency for skilled workers with a job offer.
- The Diversity Visa (DV) lottery provides an opportunity for individuals from underrepresented countries to gain U.S. permanent residency.
- The selection process for EB-3 involves a labor certification, while DV relies on a lottery-based selection process.
When it comes to immigrating to the United States, the process can often seem daunting with its array of visa options and requirements. Among the various visas available, the Employment-Based Third Preference (EB-3) and the Diversity Visa (DV) are two popular paths that individuals might consider. In this Visa Comparison Guide, we’ll delve into a detailed breakdown of the differences, pros, and cons of the EB-3 vs DV Visa to aid in your decision-making process.
What is the EB-3 Visa?
The EB-3 Visa is an employment-based, permanent resident visa category designed for skilled workers, professionals, and other workers. It requires the applicant to have a specific job offer from a U.S. employer who will act as a sponsor. The EB-3 visa has three subcategories:
– Skilled workers: individuals with at least two years of job experience or training
– Professionals: individuals with a baccalaureate degree (or foreign equivalent)
– Other workers: individuals performing unskilled labor requiring less than two years of training or experience
Pros of the EB-3 Visa
- The EB-3 visa provides a path to permanent residency.
- It allows the visa holders’ family members to also apply for green cards.
- Diverse job categories are accepted under this visa.
Cons of the EB-3 Visa
- A labor certification and a permanent, full-time job offer are required.
- The process can be lengthy, taking several years, due to the limited number of visas issued annually and potential backlogs.
- It may not be suitable for those without a job offer or for certain self-employed individuals.
What is the DV Visa?
On the other hand, the Diversity Visa, commonly referred to as the Green Card Lottery, is a U.S. Government program that aims to diversify the American population by selecting applicants mostly from countries with low rates of immigration to the United States. There are up to 55,000 DV visas available each year.
Pros of the DV Visa
- No job offer or sponsor is required to apply.
- Winners can apply for a Green Card for themselves, their spouse, and their unmarried children under 21 years of age.
- It provides an opportunity for individuals from underrepresented countries to gain U.S. permanent residency.
Cons of the DV Visa
- The chance of being selected is low due to the high number of applicants.
- Some regions and countries are ineligible to apply if more than 50,000 of their nationals immigrated to the U.S. in the previous five years.
- Applicants must meet minimum education and work experience requirements.
EB-3 vs DV Visa: The Selection Process
The EB-3 requires potential immigrants to go through a rigorous application process, including labor certification and application to the U.S. Department of State. The applicant’s permanent labor certification must be approved by the Department of Labor before the employer can submit an Immigrant Petition for Alien Worker to the U.S. Citizenship and Immigration Services (USCIS).
In contrast, the DV Visa involves a simpler, lottery-based selection process. Eligible applicants submit entries during the annual registration period, and winners are selected at random. However, being selected does not guarantee a visa, as winners must still apply for a visa and undergo a medical examination, and an interview at a U.S. embassy or consulate.
Making the Right Choice for You
Ultimately, the right visa depends on your individual circumstances, such as your qualifications, career goals, and country of origin. Consider the following when making your decision:
– The EB-3 visa may be the right choice if you have a solid job offer from a U.S. employer in a field that falls under the visa’s categories.
– The DV Visa could be the ideal path if you do not have a U.S. job offer but come from an eligible country and meet the program’s requirements.
Concluding Thoughts
Deciding between the EB-3 vs DV Visa is a significant decision that requires careful consideration of each option’s pros and cons. It is also vital to stay updated on the latest immigration policies and guidelines, which can be done by checking the official U.S. Department of State and USCIS websites for relevant information.
Whether you choose the EB-3 Visa with its employment-based opportunity for permanent residency or the DV Visa with its unique lottery system, ensure you meet all criteria and have your documentation in order. A clear understanding of these two visa types will undoubtedly guide you in making an informed decision aligned with your goal of living the American dream.
Still Got Questions? Read Below to Know More:
What kind of proof do I need to show I qualify for the DV Visa if I come from an eligible country but only have a high school diploma
To qualify for the Diversity Visa (DV) Program, also known as the Green Card Lottery, you must demonstrate that you meet the education or work experience requirements. If you are relying on your high school diploma, you will need to provide:
- A copy of your high school diploma or its equivalent.
- Transcripts that verify you have successfully completed a course of study that is equivalent to a U.S. high school education.
As per the U.S. Department of State – Bureau of Consular Affairs, applicants must have:
“at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;”
OR
“two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.”
Ensure that your educational documents are from a duly recognized educational institution. If your credentials are from a non-U.S. school, it might be necessary to have your qualifications evaluated to establish equivalency to U.S. education standards. Keep in mind that educational standards vary by country, so it’s important to provide clear documentation that your high school education is equivalent to a U.S. high school education.
If you are selected for a DV, you will be required to bring the original documents along with translations to your visa interview. Always refer to the official U.S. Department of State website for the most updated and accurate information regarding DV visa requirements and processes. Here is a helpful link to their website with more information on the Diversity Visa Program: DV Program Instructions.
Can my cousin, who’s a tailor with no formal education but over 10 years of experience, apply for the EB-3 visa as a skilled worker
Yes, your cousin may be eligible to apply for an EB-3 visa as a skilled worker, even without formal education, provided he can demonstrate his expertise in tailoring with over 10 years of work experience. The EB-3 visa is a U.S. employment-based immigrant visa which has a category for skilled workers. According to the United States Citizenship and Immigration Services (USCIS), skilled workers must meet the following criteria:
- Have at least 2 years of job experience or training
- Not be for a temporary or seasonal job
- Be performing work for which qualified workers are not available in the United States
However, each EB-3 visa application is unique, and meeting the general criteria doesn’t automatically guarantee visa approval.
Your cousin will need an offer of employment from a U.S. company willing to sponsor him for a green card and who will initiate the process by obtaining a labor certification and filing a Form I-140, Immigrant Petition for Alien Worker. This labor certification must demonstrate that there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage. Here is the official USCIS page detailing the EB-3 visa requirements: USCIS EB-3.
Additionally, given the complexity of immigration processes, it may be beneficial for your cousin to consult with an immigration attorney or a reputable immigration consultant for personalized guidance and for assistance in preparing and submitting the application. The Department of Labor’s (DOL) website also offers resources on labor certification: DOL Foreign Labor Certification.
If I win the DV Lottery but get married before moving to the U.S., can my new spouse also get a green card
Yes, if you win the Diversity Visa (DV) Lottery and get married before moving to the United States, your new spouse is also eligible to apply for a Green Card as your derivative applicant. The process includes a few critical steps:
- Notify the Authorities: You should inform the U.S. Department of State about your marriage and provide your spouse’s information via the online DS-260 form or communicate with the embassy or consulate handling your case as soon as possible.
- Submit Required Documentation: Both you and your spouse will need to submit necessary documents, such as marriage certificates and other required paperwork, to prove that your marriage is legitimate and not solely for immigration purposes.
- Attend the Visa Interview: Your new spouse will have to attend the visa interview with you at a U.S. embassy or consulate. You both will be questioned separately about your relationship to ensure the marriage isn’t fraudulent.
The U.S. Department of State advises:
“If you are not married at the time of entry, but marry afterward, your spouse is not eligible for a Diversity Visa.”
However, once you have won and you get married before your visa interview or before you enter the U.S., your spouse may be eligible to receive a visa. It is very important to ensure that your marriage is legal and recognized in the country where it occurred to avoid issues during the immigration process.
For more detailed information and to start the application process, visit the official U.S. Department of State – Bureau of Consular Affairs website at: https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html
I’m a self-employed graphic designer; do I have any chance under the EB-3 Visa category, or should I try for the DV Visa instead
As a self-employed graphic designer interested in working in the United States, you might be considering the EB-3 Visa category, which is intended for skilled workers, professionals, and other workers. Skilled workers in the EB-3 category typically must have at least two years of job experience or training. Professionals must hold a U.S. bachelor’s degree or foreign equivalent and be applying for a job that requires this degree. “Other workers” are those with less than two years of experience.
Your chances under the EB-3 category depend on your specific qualifications and experience. If you have a solid background as a graphic designer, including necessary education and extensive work experience, and you have a job offer from a U.S. employer who is willing to sponsor your visa, then you could potentially apply under the EB-3 category. However, you will need a Labor Certification, and the process can be complex and competitive.
Alternatively, the Diversity Visa (DV) Lottery, also known as the Green Card Lottery, is an option that does not require sponsorship or specific qualifications, and it is based on chance. Each year, the U.S. Department of State provides a set number of visas to applicants from countries with historically low rates of immigration to the U.S. You can enter the DV Lottery if you are from an eligible country and meet the basic education or work experience requirements. It’s a simpler pathway but offers no guarantee since winners are selected at random. You can learn more about the DV Lottery and the requirements at the official DV Lottery instructions page. Remember, participating in the lottery is free, and you should apply through the official website during the designated registration period.
My friend entered the DV Lottery this year; how can he check if he’s been selected, and what’s the next step if he is
To check if your friend has been selected in the DV Lottery, commonly known as the Green Card Lottery, they should follow these steps:
- Visit the official Electronic Diversity Visa (EDV) website of the U.S. Department of State’s Bureau of Consular Affairs at dvprogram.state.gov.
- Click on the “Check Status” button and enter the confirmation number received at the time of the DV Lottery application. This is a unique number, so it’s crucial your friend kept a record of it. They’ll also need to provide their last name and year of birth to access their status.
- Once the status is checked, if selected, the page will display a notification with further instructions.
If your friend is selected in the DV Lottery, the notification will include information on how to apply for a Diversity Visa. Here are the next steps they should take:
- Submit a Visa Application: Your friend will need to complete Form DS-260, the Online Immigrant Visa and Alien Registration Application.
- Prepare for an Interview: They’ll be instructed to prepare for an interview at the U.S. embassy or consulate in their home country. This includes collecting necessary documents, such as passports, medical examination results, and supporting documents related to eligibility.
- Attend the Visa Interview: There will be an interview with a consular officer who will decide whether your friend is eligible for the visa.
The U.S. Department of State also states, “All DV Lottery entrants will be required to go to the E-DV website Entry Status Check using the unique confirmation number saved from their DV Lottery online entry registration to find out whether their entry has been selected in the DV Lottery or to find out they have not been selected.”
Remember, the notification of selection is only available through the official EDV website and the U.S. government does not notify winners by mail or email. Encourage your friend to check their status promptly and follow the given guidelines for next steps.
Learn today
Glossary or Definitions:
- Employment-Based Third Preference (EB-3) Visa: A permanent resident visa category in the United States that is based on employment. It is designed for skilled workers, professionals, and other workers. The visa requires a specific job offer from a U.S. employer who acts as a sponsor. The EB-3 visa has three subcategories: skilled workers, professionals, and other workers.
Diversity Visa (DV): Also known as the Green Card Lottery, it is a U.S. Government program that aims to diversify the American population by selecting applicants mostly from countries with low rates of immigration to the United States. The DV visa provides an opportunity for individuals from underrepresented countries to gain U.S. permanent residency.
Permanent Resident Visa: A visa that allows foreign nationals to live and work permanently in the United States. Permanent residents, also known as green card holders, have many of the same rights and obligations as U.S. citizens.
Sponsor: The U.S. employer who offers a job to an immigrant applicant and supports their EB-3 visa application by acting as a sponsor. The sponsor plays a crucial role in providing necessary documentation and information to support the visa application.
Labor Certification: A process by which a U.S. employer must demonstrate to the U.S. Department of Labor that there are no qualified U.S. workers available for a specific job position before hiring an immigrant worker. Labor certification ensures that the employment of an immigrant will not negatively impact the wages and working conditions of U.S. workers.
Green Card: A common term for a Permanent Resident Card, which is issued to immigrants who are granted permanent residency in the United States. It serves as official proof of the individual’s legal status as a permanent resident.
Lottery-Based Selection: A selection process where applicants are chosen at random through a lottery system. In the case of the DV Visa, eligible applicants submit entries, and winners are selected randomly for the opportunity to apply for a visa.
U.S. Department of Labor: A federal agency responsible for administering and enforcing laws related to employment in the United States. The Department of Labor plays a key role in the labor certification process for employment-based visas.
U.S. Citizenship and Immigration Services (USCIS): A federal agency within the U.S. Department of Homeland Security that oversees lawful immigration into the United States, including the processing of immigrant visa petitions and applications for permanent residency.
Eligible Country: Refers to a country whose nationals are allowed to participate in the Diversity Visa program based on certain criteria established by the U.S. government. Eligibility is determined annually and takes into account immigration rates from each country.
Applicant: An individual who applies for a visa or immigration status in the United States. The applicant may be required to provide various documents, undergo medical examinations, and attend interviews as part of the application process.
Immigrant Petition for Alien Worker: A formal request submitted by an employer to the USCIS on behalf of an individual seeking permanent residency through employment. The petition is a crucial step in the EB-3 visa application process.
U.S. Embassy or Consulate: Diplomatic missions located in foreign countries that represent the United States and provide services related to visas, immigration, and other consular affairs. Immigrant visa applicants are typically required to attend an interview at a U.S. embassy or consulate as part of the application process.
So there you have it, a comprehensive breakdown of the EB-3 vs DV Visa. Whether you’re a skilled worker, professional, or dreaming of winning the Green Card Lottery, understanding the pros and cons is essential. Remember, this is just the tip of the iceberg when it comes to visas, so if you want to delve deeper or explore other options, head over to visaverge.com for more valuable information. Your American dream awaits!
