Who Qualifies as an EB-3 Visa Sponsor?
To qualify as an EB-3 sponsor, the employer must meet the following criteria:
- Be a legitimate U.S. business with an actual job offer.
- Be willing to file and support the Labor Certification and I-140 petition.
- Have the financial ability to pay the offered wage to the foreign worker.
Additionally, the position must meet one of the following criteria:
- Skilled Workers: Requires at least two years of experience or training.
- Professionals: Requires a U.S. bachelor’s degree or its foreign equivalent.
- Other Workers: Positions that require less than two years of training or experience (unskilled labor).
How Does the EB-3 Visa Process Work?
- Labor Certification (PERM): The employer must obtain a Labor Certification from the DOL, which may take several months.
- Form I-140: After obtaining the Labor Certification, the employer files Form I-140 with USCIS, along with supporting documents.
- Priority Date and Waiting: The applicant's priority date is established when the Labor Certification or I-140 petition is filed. The applicant must wait for their priority date to become current according to the Visa Bulletin, especially if they are from a country with high demand for EB-3 visas.
- Adjustment of Status or Consular Processing:
- If the applicant is in the U.S., they can apply for Adjustment of Status (Form I-485) when their priority date becomes current.
- If the applicant is outside the U.S., they must complete Consular Processing through a U.S. embassy or consulate.
Why Having an EB-3 Visa Sponsor is Crucial
The EB-3 visa is employer-sponsored, meaning applicants cannot apply independently for the visa. The employer must offer the job and sponsor the application. Without a sponsor, the foreign worker cannot proceed with the
EB-3 Visa Sponsor
Key Takeaways
- Employer's Responsibility: The sponsor must obtain a Labor Certification, file the I-140 petition, and ensure financial ability to pay the offered wage.
- Permanent, Full-Time Employment: The EB-3 visa requires a permanent, full-time job offer.
- Role of the Foreign Worker: While the employer plays a significant role in the process, the foreign worker must provide necessary documentation and meet qualifications for the role.
If you're a foreign worker looking for an EB-3 visa, it is essential to secure a U.S. employer who is willing to go through this process with you. On the other hand, employers who are interested in sponsoring a foreign worker for an EB-3 visa should be prepared for a significant commitment, as it involves a lengthy and detailed application process.
For assistance with this process, many applicants and employers turn to immigration attorneys for guidance to ensure all aspects of the petition are handled correctly and efficiently
