Employment based visas are divided up by what is known as “preferences” based upon several different factors. Those who are categorized as third preference workers are generally those who are either skilled, professionals or who be able to fill specific requirements as an “unskilled worker.” Generally, there are 40,000 visas which are allotted for those seeking EB-3 every year; however, if there is extra from the allotted visas for the first two preferences, it can be used for this preference.
The three categories of eligibility for EB-3 visas include the following:
To be eligible for this visa, you must be able to have an approved labor certification which has been submitted to the USCIS. This must have been accompanied by an uncertified ETA-0989. The application process is fairly simple. First, the person seeking the visa must have a petitioner on their behalf (typically an employer) who filed a Form I-140 Petition for Alien Worker on their behalf. While filing, they must be able to show that they are able to pay for your wages – this may be demonstrated through either an annual report, federal tax return or even an audited financial statement.
The families of EB-3 visa holders are able to come into the United States on certain immigrant spouses. For someone who classified as either a skilled worker or a professional, spouses may enter in E34 and children may enter on E35; for those who are unskilled workers or “other workers,” the spouses may come over on EW4 and children on EW5. During this time, families and the visa holder will be able to apply for permanent residency with a green card and spouses will be able to file for Employment Authorization Documents (EAD).
With a legal team composed of former U.S. immigration prosecutors, you can trust in Pozo Goldstein, LLP. If you are interested in discussing your case and would like to schedule your initial case consultation, do not hesitate to contact us today. They are fully invested in the outcome of the cases of their clients and will do everything possible to help support their clients. Our New York immigration lawyers are here to serve you.