Important Facts About
Getting an Eb3 Green Card
For more information about the EB3 Green Card, the Law Offices of Leonelba Martinez can help. Contact us for advice and advocacy. Call now for a consultation!
Attorney Leonelba Martínez (Founder)
What Is Green Card EB3 Priority Date?
For an EB-3 visa, the priority date is the day employers file an I-140 petition with US Citizenship and Immigration Services (USCIS) for foreign workers.
Just like an EB-2, an EB-3 visa is also an employment-based visa. This visa category allows skilled and professional workers and unskilled workers to obtain green cards based on full-time jobs that are not of a temporary or seasonal nature. In contrast to an EB-2 visa, which is a second-preference worker visa, the EB-3 visa is third-preference, which means it is somewhat less desirable.
If you would like to work in the U.S. but are unsure which visa category you should apply for or the necessary requirements, make sure you hire an employment immigration attorney who can help you work in the U.S. legally.
Who Qualifies for EB3 Green Card?
EB3 Green Cards are available to foreign nationals who have been offered employment by a U.S.-based employer. This visa is intended to be used by individuals who do not qualify for other employment-based visas, such as the EB2 Green Card.
There are three subcategories of the EB3 visa:
- Skilled workers with at least two years of experience or training
- Professionals whose jobs require the possession of a higher degree and a professional license
- Other unskilled workers who perform jobs for which there are no qualified candidates in the U.S. (EW-3 visa)
What Is an EB3 Green Card Processing Time?
EB-3 visa processing times can be estimated precisely due to the number of factors that can change it. In the worst-case scenario, the total EB-3 visa processing time can take around a year to more than 10 or 15 years.
Although the USCIS provides a service to speed up the processing of Form I-140 (Petition for Alien Worker) for a premium processing fee, However, this doesn’t mean that it will quicken other steps of obtaining an EB-3 green card. Working with an immigration attorney can give you a better idea of what processing time you can expect.
One of the reasons foreign individuals pursue obtaining EB-3 green cards is to make the final step to full United States citizenship. Citizens enjoy immunity from deportation and other benefits that green card holders do not. If you, however, face removal from the U.S., a deportation defense attorney may be able to help you.
EB3 Green Card Process
If a U.S. employer wants to hire a foreign worker through a green card sponsorship when American workers are unavailable, they have to go through several necessary steps.
Obtaining PERM Labor Certification
Filing an I-140 Petition
Waiting for the Priority Date
Conducting an Adjustment of Status (or consular processing)
Bear in mind that the Department of Labor (DOL) first requires that the employer tests the labor market before submitting a petition with USCIS. Going through the PERM Labor Certification process means the employer must first try to find a U.S. skilled worker. If they are unable to hire one, the DOL will issue a Labor Certification.
Each of these steps in obtaining an EB3 visa includes different documents. Consulting with a Boynton Beach immigration lawyer can be beneficial to your case.
Green Card EB3 Status
When issued, an EB-3 visa is valid for 10 years. The EB-3 visa gives qualified workers better preferences for sponsoring their families for green cards.
However, the family-based immigration process can be more complicated than it sounds. An experienced family immigration lawyer can help you through the process. Whether you are petitioning for your qualifying foreign relatives or pursuing an employment-based visa, reach out to the Law Offices of Leonelba Martinez and let us help you.