There are many types of visas that allow immigrants to visit or work in the United States. It is important for visitors to learn about the type of visa they need and what is required of them to legally stay in the country. It can prove challenging for skilled and unskilled workers alike to obtain an employment-based visa (EB-3), but it is necessary for many immigrants who wish to work here in the United States.
Going through the immigration process can be emotionally and financially draining. An experienced Austin immigration lawyer can help explain the details and nuances of what can be a long and complex process, and help individuals become successful in obtaining a visa. Contact Texas immigration lawyers Peek Toland & Castañeda PLLC to discuss the best course of action for your circumstances.
Filing a Petition
Every fiscal year, U.S. Citizenship and Immigration Services (USCIS) makes about 140,000 employment-based immigrant visas available to qualified applicants. Since there are a limited number of visas available, it is important for applicants to receive legal guidance during the application process.
The first step to obtain an employment-based visa in the United States is to receive labor certification approval from the Department of Labor. Once that is obtained, the applicant’s will then have to file an Immigrant Petition for Alien Worker, Form I-140 with the U.S. Citizenship and Immigration Services. When filing an I-140, it will be necessary to classify the applicant into his or her proper work category.
Employment Third Preference (EB-3)
With only 140,000 visas available, priority will be given to certain types of workers. A first preference worker is one with extraordinary ability in education, business, athletics, arts or sciences. Professors, researchers and multinational managers and executives are often considered priority applicants as well. Second preference applicants are those who do not meet the requirements of a priority worker but have an advanced degree or exceptional ability above that typically found in the arts, sciences of business.
Skilled workers, professionals, and unskilled workers are typically considered third preference applicants. They only receive visas that are unused from the Employment First Preference and Second Preference categories. Third preference applicants filing for an EB-3 visa often need labor certification approved by the Department of Labor. The subgroups of workers included among employment third preference include skilled workers, professionals, and unskilled workers.
The Different Categories
Skilled workers are persons who have jobs that require at least two years of training or experience. Professionals have jobs that require at least a baccalaureate degree. Unskilled workers are those who are capable of filing positions that require less than two years of training. Whether you are applying for an EB-3 visa as a skilled, unskilled or professional, you will have to prove that you perform work for which there are no qualified workers in the United States.
An experienced immigration lawyer can help individuals forge a definite path toward gainful employment and permanent residency in the United States. At Peek Toland & Castañeda PLLC, our skilled attorneys will provide strong legal representation and provide the counsel and guidance you need throughout the process. Contact us for a consultation to see if you qualify.