Employer Sponsored Immigrant Visas

EB-3 visa

EB-3 visa is a third priority worker which permits visa holder to move permanently to the U.S to work in the field of expertise and enjoy the rights of permanent Green Card holders. A foreign worker who have found an employer who is willing to hire them to come to the U.S permanently and work without an Employment Authorization Document.

Third Priority workers are

1. Professionals-who can prove that they have a higher educational degree or its equivalent such as a Bachelor’s Degree.
2. Skilled workers-who have completed at least 2 years of job experience or training.
3. Unskilled workers-who have less than 2 years of work experience or training.

For EB-3 visa, a foreign worker must prove the below:

• The applicant has a valid job offer from a U.S employer and the applicant have qualifications to meet the job description in terms of the level of education and job experience.
• The U.S employer must also prove that they could not find an available, qualified, or willing U.S worker for the job position and the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.

The visa application process starts in the US from the employer filing a petition.

• The U.S employer obtains labor certification and files the necessary petitions
• After approval, the foreign employee applies for the EB-3 visa at a U.S Embassy in their home country

1. Getting the labor certification
The employer need to get a labor certification by the U. S Department of Labor by filing Form ETA 9089 to the DOL.This form states that the employer has tried to find a U.S employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
The form is processed by the department of labor and the employer and employee are notified of the decision. If approved, the U.S employer.

2. Filing the petition
The employer also should file a petition to USCIS by filing Form I-140, Immigrant Petition for Alien Worker with financial statements, and tax returns to prove that the company is financially stable.
USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center NVC.NVC, will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country.