Integrity Legal

30th May 2011

In a previous posting this blogger discussed issues associated with the EB-2 visa. On the same note, the following posting is a brief discussion of the Employment Based visa in the preference category 3. Readers should take note of the fact that Employment Based visa categories, classified as EB, are substantially different from the E-1 visa and the E-2 visa which are Treaty Trader and Treaty Investor visas, respectively, and somewhat dissimilar from employment based visas.  To quote directly from the official USCIS website, USCIS.gov:

Sub-categories Evidence Certification
Skilled Workers
  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States
Labor certification and a permanent, full-time job offer required.
Professionals
  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
  • You must be performing work for which qualified workers are not available in the United States
  • Education and experience may not be substituted for a baccalaureate degree
Labor certification and a permanent, full-time job offer required.
Unskilled Workers (Other Workers) You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

The administration of this web log strongly encourages readers to keep in mind that the chart above is not an exhaustive explanation of the criteria associated with EB-3 visa issuance, but should merely be viewed as a brief overview of eligibility criteria for those thinking about petitioning for EB-3 visa benefits. The criteria for EB-3 visa issuance differ from the EB-1 visa and EB-2 visa criteria by some degree especially in the case of the EB-1 visa as that visa category is generally reserved for extraordinary recipients.

Those pondering petitioning for United States immigration benefits such as the EB-3 visa should bear in mind that the petition adjudication process is not necessarily the only phase of what could be a longer overall process if the proposed beneficiary resides outside of the United States and therefore must submit a US visa application and undergo Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: American Embassy.


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