EB3 Us Visa Requirements

1
EB3 Processing Time in 2020

• Explained Step-by-Step

2
EB3 Visa

• The EB3 visa allows a U.S. company to sponsor a
  foreign worker for a green card. Through the EB3
  visa, professionals, skilled workers, and
  unskilled workers can receive a U.S. green card
  based on a full-time job offer from a U.S.
  company.

3
Overview

• EB3 Visa Overview
•  
• EB3 Visa Processing Time (Step-by-Step)
•  
• PERM labor certification
• I-140 Immigrant Petition
• Immigrant Visa Processing / Adjustment of Status
•  
• Conclusion

4
1. EB3 Visa Overview

• The EB3 visa is a powerful option for
  professionals, skilled workers, and unskilled
  workers hoping to get permanent residency in the
  United States. Through the EB3 visa, a U.S.
  company can sponsor a foreign worker for a green
  card through a full-time job offer.
• In order to sponsor a foreign worker, the U.S.
  company must try to first hire a qualified U.S.
  worker. Only after the U.S. company has attempted
  and failed to recruit a qualified U.S. worker,
  can they sponsor a foreign worker. To learn more
  about the EB3 visa process, you may see our
  employer sponsored green card post here.
• Of the total green cards available for foreign
  workers, 28.6 are allocated towards the EB3
  visa. Therefore, approximately 40,000 EB3 visas
  are available per year. Additionally, no more
  than 7 of the total EB3 visas can go to
  nationals of any one country.
• This means that there are usually more EB3 visa
  applicants than spots, which can lead to a
  backlog. As you will see below, this may impact
  the total EB3 processing time for you, depending
  on the country you are from.

5
2. EB3 Visa Process

• There are 4 main parts to the EB3 visa process
•  
• Step 1 PERM Labor Certification
• Step2 I-140 Petition
• Step 3 Wait for Priority Date
• Step 4 Consular Processing or Adjustment of
  Status
• I will explain each of these steps and the
  processing time of each step below. If you have
  any questions, my team and I would be happy to
  help you.

6
Step 1 PERM Labor Certification (About 10 Month
Total Processing Time)

• The first step in the EB3 visa process is for the
  U.S. employer to get an approved PERM labor
  certification. As I mentioned above, before a
  U.S. employer may sponsor a foreign worker, they
  must attempt to hire a qualified U.S. worker. It
  is only after they try and fail to hire a U.S.
  worker, that the U.S. employer can sponsor a
  foreign worker for a green card. Once the U.S.
  employer successfully goes through the PERM
  process, they receive a labor certification from
  the U.S. Department of Labor. Getting an approved
  labor certification is required for the employer
  to sponsor a foreign worker under the EB3 visa.
  This process usually takes about 10 months.

7
Step 2 Form I-140 Immigrant Petition (6 to 9
Month Standard Processing Time, 15 Day Premium
Processing Available)

• Once the PERM labor certification is approved by
  the Department of Labor, the next step is for the
  employer to submit a Form I-140 to USCIS. The
  Form I-140 is the immigrant petition and it is
  filed by the U.S. employer on behalf of the
  foreign worker. Once the form I-140 is filed, it
  usually takes 6-69 months to get a response from
  USCIS. The US employer can also elect to pay an
  additional 1,440 for premium processing, to
  receive a response in 15 days. If USCIS has any
  concerns about the petition, they may render a
  Request for Evidence (RFE). This can also slow
  down the processing time.

8
Step 3 Wait for Your Priority Date to Become
Current (0 to 10 Years)

• When you submit your Form I-140 immigrant
  petition you will also receive a priority date.
  Your priority date will tell you when you can
  schedule your immigrant visa interview or apply
  for adjustment of status (next step). For some
  countries, there is no wait time and you can
  schedule a visa interview immediately. For other
  countries, particularly those born in China and
  India, this wait time can be much longer. You can
  look at the USCIS visa bulletin website by
  clicking here for more information about wait
  times. My team and I would also be happy to
  provide you with more information about your
  estimated wait time.

9
Step 4 Consular Processing or Adjustment of
Status (About 9 Months)

• Once the Form I-140 is approved and your priority
  date is current, the next step is to apply for
  the foreign worker to apply for an immigrant visa
  or apply for an adjustment of status.
• Apply for Immigrant Visa
• If you are outside of the United States, you will
  likely apply for an immigrant visa. This is done
  by filing a Form DS-260. A number of months after
  filing the DS-260 you will be required to attend
  a visa interview at the consulate or embassy of
  your home country. Following successful
  completion of the interview, you should receive
  your immigrant visa stamped into your passport.
  This whole process takes about 9 months.

10

• Apply for Adjustment of Status
• If you are lawfully present in the United States
  in a valid non-immigrant status, you may be
  eligible to do apply for an adjustment of status.
  An adjustment of status is the process of going
  from a non-immigrant status, to permanent
  resident status while in the United States. To
  apply for an adjustment of status the EB3 visa
  beneficiary (the foreign worker) must file a Form
  I-485 with USCIS. The adjustment of status
  process takes about 9 months to complete. One
  benefit of the adjustment of status is that the
  work authorization (EAD) and advance parole
  (travel permission) usually arrive within 6
  months.
• Concurrent Filing
• One of the benefits of an adjustment of status is
  that, if your priority date is current, you can
  concurrently file your form I-485 (adjustment of
  status) along with your Form I-140 (immigrant
  petition). Doing this can save you time on the
  overall EB3 processing time. If youd like to
  know whether youre eligible to do this, please
  email me directly at Michael_at_AshooriLaw.com.

11
3. Conclusion

• The EB3 visa is a great option for professionals,
  skilled workers, and unskilled workers hoping to
  get permanent residency in the United States.
  There are several steps in receiving an EB3 visa
  application.
•  
• PERM labor certification approximately 10 months
  (without audits)
• Form I-140 Petition approximately 6-9 months (or
  15 days with premium processing)
• Priority Date wait approximately 0 to 10 years
• Adjustment of Status or Visa Processing about 9
  months
•  
• Therefore, the EB3 processing time should take
  between 1 and 3 years for most EB3 visa
  applications to be processed. Yet, it can be
  longer for people of some countries.
•  
• If you have any questions about the EB3
  processing time or about the EB3 visa in general,
  my team and I would be happy to help. Please feel
  free to email me directly at Michael_at_AshooriLaw.co
  m. I am very responsive via email and would be
  happy to assist.

12
Learn more
https//www.ashoorilaw.com/blog/eb3-processing-tim
e/