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Tips for Foreign Workers and Employers

Jun 24, 2016, 8:32:48 AM / by Staff Attorney

Foreign workers and employers should note that only 28.6% of the world wide visas are reserved for the EB-3 category. Consistently there are more applicants under this category than there are visas available. This means that there is usually a waiting list for this employment based category and the foreign worker must wait for a visa to become available before they can apply for a green card (Form I-485). This list is known as the Visa Bulletin and can be found at:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Some occupations such as physical therapists and nurses do not require a labor certification because there is a shortage of these types of workers in the U.S. This list of occupations is referred to as Schedule A and can be located at:

Schedule A Occupations. However, note that there are other requirements that must be met in lieu of the labor certification.

For the skilled worker subcategory, post secondary education relevant to the position can be used to comply with the training requirement.

Another benefit of the EB-3 visas is that it also allows the spouse and children under the age of 21 of the foreign worker to apply for a green card. While the green card application is pending, they can also apply for employment authorization.

How we can help

Obtaining a green card through an EB-3 visa can be a complicated process. Our office will provide you with an individualized assessment of your case to determine what employment based category is best for you. Because of our many years of experience and high success rate with these types of cases, our firm is confident that we can guide you and effectively represent you with filing an approvable EB-3 visa application. When you work with our office, we stay with you for the long-term and help you from the beginning to the end.

For more information on the eligibility requirements of the Eb-3, please see:

EB-3 Third Party Preference Category Visas

Topics: EB-3

Staff Attorney

Written by Staff Attorney

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