EB-3 Visa | U.S. Green card for Individuals with Basic Vocational Training

• EB-3A: Academics (professional workers)
  The prerequisite is that the applicant possesses a degree that is at least equivalent to a U.S. bachelor's degree. This degree must also be required by the prospective workplace in the USA or for similar employment. Unlike the H-1B visa, a lack of a bachelor's degree cannot be offset by work experience.
   
• EB-3B: Skilled workers
  The prerequisite here is that the applicant can typically demonstrate two years of professional experience for the job sought in the USA.
   
• EB-3B: Other workers (unskilled workers)
  The requirement in this sub-category is that the applicant possesses the professional experience or training demanded by the job, with the standard training period typically being less than two years. The nature of the job must not be temporary or seasonal (as is the case with the H-2B visa, for instance).

An EB-3 visa can be applied for once all requirements are fulfilled. Applying for an EB-3 green card is a three-step process:

Step 1: Job advertisement by the U.S. employer

Prior to submitting the actual visa application (petition), the following steps must be taken by the U.S. employer:

• The U.S. employer submits a so-called Prevailing Wage enquiry to the relevant employment agency.
• The U.S. employer advertises the position, usually in two newspapers and with the local U.S. employment agency. Certain deadlines and formal requirements must be adhered to. In particular, the process also varies depending on which sub-category of the EB-3 visa is being considered. If applicants apply for the advertised position, the U.S. employer must conduct interviews and, if necessary, be able to explain why the applicants were not suitable.
• If the position could not be filled, the next step is the so-called Labor Certification Application, which the U.S. employer submits to the U.S. Department of Labor.

Step 2: Submission of the petition by the U.S. employer

The I-140 petition can now be submitted to the U.S. immigration authorities. Here too, deadlines resulting from the approval of the Labor Certification Application must be observed.

Step 3: Application for the EB-3 green card by the employee

If the petition is approved, the employee can apply for a green card or an immigrant visa. There are two options for this:

• If the employee is already legally in the USA, they can apply for an adjustment of status in order to change their status from “non-immigrant” to “immigrant”.
• If adjustment of status is not possible or not preferred, an immigrant visa is applied for at a U.S. consulate outside the USA (application fee: USD 345, as of August 2022). After paying a so-called immigrant fee of USD 220 (as of August 2022) and entering the USA timely with the immigrant visa, the green card is then automatically sent to the applicant by mail to a U.S. address specified in the visa procedure.

Spouses and children under the age of 21 of an EB-3 applicant can also receive a green card.

Unlike non-immigrant visas, the validity of the green card is not employment-dependent. For instance, if a person working in the USA on an L visa resigns or is dismissed, they're obliged to leave the USA. The case is different with a green card: although an employer is needed to finish the process with the applicant to apply for a job-based green card, once a green card is obtained, it is not tied to a minimum period of employment or similar.

Would you like to live and work in the USA and would you like qualified advice from an experienced attorney on choosing the right visa category and support with your visa application process? We will be happy to help you! The best way to contact us is by e-mail (info@visum-usa.com) or by phone (+49 69 76 75 77 85 26).