5 September 2024
Achieving a U.S. Green Card is a significant milestone for many professionals and skilled workers. The EB-2 and EB-3 visa categories offer viable pathways for those aspiring to permanent residency. This guide explores these visa options, their eligibility requirements, and the steps involved in the application process.
What is the EB-2 Visa?
Eligibility:
- Advanced Degree: Applicants must hold an advanced degree or its equivalent.
Benefits:
Priority Processing: EB-2 applications often receive faster processing times.
Higher Priority: The EB-2 category has a higher preference in the visa bulletin.
What is the EB-3 Visa?
Eligibility:
- Skilled Workers: Applicants must perform work requiring at least two years of training or experience.
- Professionals: Applicants must hold at least a U.S. bachelor’s degree or its foreign equivalent.
Other Workers: Unskilled labor that is not temporary or seasonal.
Benefits:
- Broad Eligibility: The EB-3 visa accommodates a wider range of job categories.
- Stable Pathway: EB-3 provides a reliable route to permanent residency.
PERM Labor Certification: What You Need to Know
Purpose:
- Verification: Confirms that there are no qualified U.S. workers available for the position.
- Protection: Ensures that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers.
Process:
- Job Posting: The employer must advertise the position and go through a recruitment process.
- Filing: Submit ETA Form 9089 to the Department of Labor.
Filing Form I-140: Key Steps
Employer Petition:
- Form I-140: The Immigrant Petition for Alien Worker, filed by the employer.
- Supporting Documents: Evidence of the applicant’s qualifications and the employer’s ability to pay the offered wage.
Approval:
- Processing Time: Varies based on the visa category and the service center.
- Next Steps: Upon approval, the applicant can move forward with adjusting status.
Adjusting Your Status: From Visa to Green Card
Adjustment of Status:
- Form I-485: Application to Register Permanent Residence or Adjust Status, filed with USCIS.
- Concurrent Filing: In some cases, Form I-140 and Form I-485 can be filed simultaneously.
Consular Processing:
- Outside the U.S.: Applicants outside the U.S. will go through consular processing at a U.S. embassy or consulate.
- Interview: An interview may be required to finalize the process.
Consult an Immigration Attorney for a Smooth Process
Importance of Legal Guidance:
- Personalized Advice: Tailored advice based on your specific situation.
- Navigating Complex Processes: Ensuring compliance with all requirements and maximizing your chances of approval.
Our Services:
- Consultations: Comprehensive assessments of your eligibility and options.
- Application Assistance: Help with every step of the application process.
- Ongoing Support: Guidance throughout the entire process to ensure a smooth transition.
Understanding and navigating the EB-2 and EB-3 visa paths can open doors to achieving your U.S. Green Card aspirations. By following these steps and seeking expert legal guidance, you can make informed decisions and move closer to your goal of permanent residency.
If you’re ready to explore your options for an EB-2 or EB-3 visa, contact us today to schedule a consultation. Our experienced immigration attorneys are here to help you every step of the way. Talk to us today.