The EB3 visa is an employment-based preference for skilled workers, professionals, and unskilled workers seeking permanent residence in New York. This extract covers its benefits, requirements, petitions, timeline, process, and costs.
EB3 Visa Explained: Benefits, Requirements, Petitions, Timeline, Process, Cost in NYC
Benefits of the EB3 Visa
The EB-3 Visa offers several benefits to eligible skilled workers, professionals, and other workers seeking permanent residence in the United States.
- Opportunity to live and work permanently in the United States
- Eligibility for most Social Security benefits
- Possibility of bringing eligible family members
- Ability to apply for U.S. citizenship after five years
EB3 Visa Requirements
There are three categories of applicants for the EB3 visa:
- Skilled Workers: Jobs requiring at least two years of training or work experience.
2. Professionals: Jobs requiring a U.S. bachelor’s degree or an equivalent foreign degree.
3. Unskilled Workers: Jobs that require fewer than two years of training or experience.
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Petition Process
- U.S. employers offer the applicant a full-time, permanent job easily in New York.
- U.S. employer receives a labor certification from the Department of Labor.
- U.S. employer files an I-140 Immigrant Petition for Alien Worker.
Timeline and Process
The timeline and process for the EB-3 visa entail several stages that generally unfold over the course of several months to years:
1. Labor Certification
This process may take 6 months to 1 year. The U.S. employer needs to carry out recruitment efforts as required by the Department of Labor (DOL) and submit an application for the labor certification.
2. Form I-140 Petition Approval
Once the labor certification is approved, the employer files Form I-140 with USCIS. The processing time currently ranges from 4 to 6 months, though premium processing is available for an additional fee.
3. Waiting Period
Upon approval of the I-140 petition, the beneficiary must wait for their priority date to become current. The waiting period might range from no wait to several years, depending on the beneficiary’s country of birth and the annual allotment of EB-3 visas.
4. Adjustment of Status or Consular Processing
When the priority date becomes current, those already in the U.S. can apply for an adjustment of status, which generally takes 6 to 12 months. If the beneficiary is outside the U.S., consular processing can take 2 to 6 months.
5. Green Card Approval
Once the adjustment of status or consular processing is complete and approved, the new immigrant’s status changes to a lawful permanent resident of the U.S, receiving their green card.
You Can Also Explore Our Detailed Guides on EB2, EB1, H1B Visa Applying Process:
- What is the Process of Applying EB1 Visa
- What is the Process of Applying EB2 Visa
- What is the Process of Applying H1B Visa
Cost of EB3 Visa in NYC
Below are the standard government fees associated with the EB-3 visa application that is to be applied in New York:
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Labor Certification Cost
- PERM Labor Certification: The employer typically bears this cost, which can vary widely based on attorney fees, advertising, and recruitment costs. However, there is no fee paid to the Department of Labor New York for the labor certification itself.
I-140 Petition Cost
- USCIS Filing Fee: $700 for I-140 form, paid by the employer or, in some cases, the employee.
- Premium Processing (optional): USCIS allows for premium processing of the I-140 petition, which costs an additional $2,500 and ensures a response within 15 calendar days.
Visa Application or Adjustment of Status Cost in NYC
- DS-260 Application Fee: $325 for consular processing, per applicant.
- I-485 Adjustment of Status Fee: Applicants in the U.S. who adjust status pay $1,225 for adults (which includes the biometrics fee) and $750 for children under 14 applying with their parent, or $1,140 if applying separately.
- Medical Examination Fee: This fee varies by physician and location.
Additional Possible Costs in NYC
- Attorney Fees: These vary by complexity of the case and geographical location.
- Translation Costs: Necessary if documents are not in English.
- Credential Evaluation Fees: These may be required if education or professional credentials must be evaluated for U.S. equivalency.
It’s essential to consult with an immigration professional like The Law Office of Ghenadie Rusu, located in New York for guidance tailored to your specific situation. Call (347) 907-1248 or contact us to schedule a consultation.
FAQs
What is the EB3 visa in New York City?
The EB3 visa in New York City, essentially, is the same as the EB3 visa anywhere else in the USA. It is a preference category which allows someone to obtain a green card based on getting sponsored by a U.S. company.
What is the EB3 category in the USA?
The EB-3 category (Third Preference Workers) under U.S. immigration law is intended for skilled workers, professionals, and other workers who have a full-time job offer from a U.S. employer.
Is the EB3 visa easy to get?
The EB3 visa is a third preference employment visa. Thus, the requirements are less strict than EB1 and EB2 green card visas. However, it may also mean that the wait times are longer.
How many years does it take to get a green card in EB3?
The timeline to receive a green card through EB3 varies widely. It may take 1 to 3 years.
What is the age limit for the EB3 visa?
You must be aged between 18 and 50 years old.
Can EB3 become a U.S. citizen?
Yes, after maintaining the status of a lawful permanent resident for at least five years, an EB3 visa holder is eligible to apply for U.S. citizenship.
What are the disadvantages of the EB3 visa?
The primary disadvantage is the potentially long wait time due to backlog and per-country visa limits.
What are the benefits of the EB3 visa?
EB3 visa holders receive lawfully permanent residence in the U.S., work authorization, ability to travel abroad, and eligibility for U.S. citizenship after five years. They can also bring their spouse and unmarried children under 21.
How much does the EB3 visa cost in NYC?
Costs for an EB3 visa include a $700 filing fee for Form I-140, and variable costs for labor certification, consular processing, adjustment of status, and possibly attorney fees.
Which agency is best for the EB3 visa?
The EB3 visa process is managed by multiple U.S. government agencies, including the Department of Labor, USCIS, Department of State, and if applicable, U.S. Immigration and Customs Enforcement.
Can I sponsor my friend to live in the USA?
Generally, U.S. immigration law allows U.S. citizens or Lawful Permanent Residents to sponsor family members but does not provide provisions for sponsoring a friend.
How to get a green card with the EB3 visa?
You can get a green card with the EB3 visa after the department of labor certifies the labor certification, USCIS approves Form I-140, your priority date becomes current, and after successful adjustment of status or consular processing.
Can EB3 be rejected?
Yes, like any visa, the EB3 can be rejected for reasons like lack of necessary qualifications, issues with the job offer or labor certification, inaccuracies in the application, or inadmissibility to the U.S.
How long does it take to get EB3 visa approval?
The time for EB3 visa approval varies by case and location but typically ranges from several months to several years.
Can an EB3 visa get a green card?
Yes, the EB3 visa leads to a green card or lawful permanent resident status.
How fast will EB-3 move?
The movement of EB-3 depends on the number of applications, per-country visa limits, and administrative processing times, among other factors.
How to get a green card through EB-3?
A Green Card through EB-3 is gained by successfully progressing through labor certification, I-140 petition approval, being up-to-date on priority dates, and adjustment of status or consular processing.
Is H1B faster than EB-3?
H-1B’s processing times are typically shorter than EB-3. However, H-1B is a non-immigrant visa giving temporary status, while EB-3 provides permanent resident status.
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