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5 Things You Need To Qualify for an EB-2 or EB-3 Visa – 2021 Guide

Suppose you are a foreign national or a resident in the United States, you want to work, yet they require you to have an EB-3 visa. It could stress you out.

But don’t worry. We looked into some facts and information that may help you for a more convenient and easy way of having an EB-3 visa.

Besides, the United States of America would give working visas aside from immediate relatives and family immigration visas for those people who are eligible and qualified to work for a job in the country.

So, we listed down all the several requirements needed to apply for the EB3 visa. The following requirements and conditions are subject to submission for you as an applicant to get your EB-3 visa approved.

1. Meet the employment guidelines

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Meeting the employment criteria or guidelines without any idea about it would be stressful. But, EB-3 visa  is open for employees listed as professionals, skilled, and even unskilled employees.

Professionals have degrees including bachelor’s, master’s, associates, or even Ph.D., and postgraduate degrees suitable for jobs designed for degree holders. You have to know that your experience is not applicable to use as a substitute for a degree.

Skilled workers have two or more years of work experience or training in different fields or companies. On the other hand, unskilled workers are those people who have less than two years of working experience or job training.

These are the operational guidelines set by immigration for the employees who want to work in the United States of America. Additionally, these jobs must be permanent.

2. Do not take any of the American workers’ jobs

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On that condition, if you want to make sure the approval of your EB-3 visa when you decide to work in the United States of America, you must not take any job from other American fellow workers.

It means that all the positions and work that could do or would be capable of an American worker to do, you as a foreign worker must not take any work that they could do to avoid misunderstanding.

For this reason, the immigration would allow you to submit an approved certification of labor and employment to prove that the job you are about to do meets the qualifications of the State and would not get anything from the American workers.

3. Wait and receive a good job proposal from the employer

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As you apply for an EB-3 visa, you have to receive a valid employment proposal from a company in the United States. Your sponsor or employer must give you a copy of a written job proposal that would serve as your validation and verification that they give you an invitation to work in the U.S.

The American employer should provide proof or evidence that the job they are hiring is not applicable, and no American worker is capable of doing the task. That is why they are offering it to foreign nationals. They must also provide a certification of labor and employment to show it in the immigration.

The American employer should provide proof of the employer and employee relationship between the beneficiary and the employer. It means that the foreign national worker’s sponsor or employer is capable of paying and supervising his employee’s needs.

Overall qualifications listed above apply for an EB3 visa, but it includes separation of additional documentation to submit by different categories of people who would submit based on the Ashoori Law.

They categorized it into two: the U.S. Employer and the foreign worker. So, here are the qualifications and requirements needed in each category:

4. Employer duties and responsibilities

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As a U.S. employer or sponsor, you have duties and responsibilities to do and engage for the approval of the alien employees you are hiring. Here are the two main duties and responsibilities of the employer:

First, the employer must get a certification in the U.S. Department of Labor that proves that the job vacancies they offer to te foreign nationals would not apply to American workers. They should also provide proof that they would not discriminate against foreign workers in their company.

The final thing that they need to do before hiring the foreign workers is filing an appeal, which is the Form I-140 to the United States immigration along with the supporting financial documents such as statements, tax returns, audits, and other documents to evaluate if they afford and capable of paying the foreign worker and add more employees in the future preferences.

5. Foreign worker duties and responsibilities

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Foreign applicants should file an online form, the DS-261, which serves as the application for a working visa from the designated country of the foreign national residence. You may receive a confirmation page along with your supporting documents once they approve your DS-261 form.

The next thing is to complete your medical examinations and all the vaccinations required to achieve the health requirements necessary when you moved permanently to the U.S. You have to complete and compile all the supporting details and documents needed to file for the EB-3 visa application process.

We listed down all the supporting documents that applicants must prepare and required by the government for an EB3 visa application to proceed, including passport, approved petition, certified labor employment document, medical records and vaccination, criminal and court background documents, educational attainments such as diplomas and certifications, two passport size photos, DS-261 form confirmation page, credentials, appeal document, and the job proposal invitation form the U.S employer.

After compiling all the supporting documents, you have to attend the scheduled interview for your visa application. Afterward, you would receive a package of your approved visa documents from the National Visa Center, which allows you to work and stay permanently in the United States of America.

These Employment-Based Immigrant Visas would allow foreign nationals and workers who have an employer willing to hire them to come to the United States permanently and work even without an Employment Authorization Document.

Thus, the State government wants legality and security with all the people who would enter the country, so they make sure that everyone, whether foreign nationals or residents, would apply for an EB-3 Visa.

We hope that all of our tips and insights we give you may help you file and apply for an EB-3 visa, especially for foreign nationals who want to work and live permanently in the USA. We give you a guide for an easier and convenient way to obtain your first EB-3 visa.