Immigration has become a major issue that is dominating the news and causing concern for people in Georgia and across the nation. While many stories are related to deportations and how they are being handled, people in other countries who want to come to the United States should be aware of how their situation can be impacted by the ongoing changes and potential new policies that could go into effect.
Employment-Based Immigration (an EB-3 Visa) is for immigrants who want to work in the U.S. However, it is for specific immigrants who fall into certain categories. To receive an EB-3, the person needs to know what category they fall into, what evidence is needed, what type of job they can receive, and what labor certification is necessary.
What are the rules for an EB-3 visa?
Foreign nationals who want to live and work in the U.S. and seek an EB-3 visa must know the rules and follow them to avoid running into problems. It is for skilled workers, professionals, and other workers. The visa is based on the person’s training, education, experience, and what type of work they are going to do. The categories are skilled workers, professionals, and unskilled workers.
A skilled worker must be performing a job that will require a minimum of two years’ experience or training. It cannot be a temporary job or one which is performed seasonally as would be the case with agricultural jobs.
An example of a skilled worker who would be a person entering the U.S. to do a specific type of job would be a chef. A Georgia restaurant that has a specific cuisine and wants to bring in a chef from France or Italy could sponsor them for an EB-3 visa. If they worked in a high-end restaurant, that could be sufficient for the training requirement.
A person categorized as a professional must have a U.S. bachelor’s degree or the equivalent in a foreign institution. This is a key difference between skilled workers and professionals. Relevant education and experience will not be enough to substitute for a bachelor’s degree. A person who was offered a job in software for a computer company must show they have that education.
An unskilled worker must have labor certification that requires fewer than two years’ experience or training. They must also show that they have met the requirements on the labor certification. This would be a labor-type job like the above-mentioned seasonal example of working in agriculture.
In recent months, there have been intensive investigations and arrests of people who worked in agriculture. It is important for an unskilled worker to get an EB-3 visa before journeying to the U.S. in this or any other type of job in this category.
The employer plays a vital part in the EB-3 visa process. A Permanent Labor Certification (PERM) is necessary. Employers are required to seek a U.S. worker who can do the job before hiring a foreign worker under EB-3. After that, they can sponsor a foreign worker for the job. The amount of time this takes can vary, but around 10 or more months is common. The employer must then provide Form I-140.
Following the rules is key with an EB-3 visa
Immigration is growing increasingly complex and that is particularly true with employment visas. Those who want to come to the U.S. to work could be reluctant to move forward. However, if people follow the rules for an EB-3 visa, meet the required categories, and have an employer willing to hire them, they can get this visa.
Immigrants have forever been a key part of the U.S. experience and the country’s growth. Prospective workers and employers who are interested in an EB-3 visa should have assistance from the start. This can help with making sure all the necessary information is provided, the forms are filled out correctly, and the person who wants to work understands what they must do with a good chance of success.