EB3 VISA FOR SKILLED/UNSKILLED WORKERS OR PROFESSIONALS

The EB-3 classification allows a skilled worker, professional, or unskilled worker to be employed in the United States as a permanent resident. In addition to meeting specific offer requirements, EB3 visa workers must be performing work for which qualified workers are not available in the United States.

The distinction between skilled and unskilled workers is essential.

Skilled Workers (EB-3B)

Skilled workers, classified as EB-3B in the U.S. immigration law, have two years or more of relevant technical training or work experience, and the work they are engaged in is professional work that doesn’t require a degree. It is worth noting that if the foreigner has at least two years of relevant technical training or work experience, but the job offered by the US employer does not require at least two years of relevant technical training or work experience to be qualified, that job does not qualify under the EB-3B requirements.

In some fields of work, it is easier for skilled workers to apply than professionals with a bachelor’s degree. For example, in the catering industry, Chinese chefs who need two years of work experience can better prove that the United States lacks chefs who can cook Chinese food, and it is easier to obtain permanent resident status.

EB-3B common positions include Paralegals, Teaching Assistants, Ship Fitters/Marine Welders, Divers, Chefs/Butlers, etc.

EB-3B skilled workers with more than two years of work experience must be provided by a U.S. employer with a permanent full-time job to apply for immigration. The U.S. Department of Labor (DOL) requires employers to promise to pay foreign workers wages not lower than the prevailing wage standard (Prevailing Wage Determination, PWD), so the employer must first obtain the general salary application from the State Labor Bureau, and through a series of recruitment advertisements, prove that there are no qualified American workers in the local labor market, and then submit a permanent labor certification (PERM) application to the Department of Labor, requesting labor The Department approves applications for positions that are in short supply in the U.S. labor force. Only after approval can the foreigner submit the I-140 employment-based immigrant application to the USCIS.

Unskilled Workers (EB-3C)

Unskilled/Other Workers with less than two years of work experience or training are classified as EB-3C in the U.S. immigration law. It is worth noting that even if the foreigner has more than two years of work experience or training experience but the U.S. employer does not require more than two years of work or training experience for the position, the foreigner would be considered an EB-3C unskilled worker, not an EB-3B worker.

EB-3B technicians, that is, to judge whether a job position requires at least two years of relevant technical training or work experience depends on the minimum requirements for the job position on the labor certificate approved by the Ministry of Labor. Therefore, the employer’s minimum requirements for the job in the labor certification application are the key to determining which category of the immigrant petition falls under the third preference category.

For EB-3C visas, the good news is that the recruitment problem cannot be solved domestically since, in many cases, the wages and working conditions of unskilled workers may be worse than those of professionals and skilled workers. At present, there is the largest shortage of such workers in the United States. In addition, there are no special requirements for foreigners’ language, education, foreign language, and work experience to obtain immigrant visas with the qualifications of American employers, so the visa approval rate is the highest. However, because the annual quota for non-technical personnel is only 10,000 places, and unused places from other categories cannot be used, the waiting time may be very long.

Common EB-3C positions include food processing factory workers, building sweepers, road cleaners, laundry workers, food processing workers, restaurant waiters, kitchen helpers, etc.

EB-3C unskilled workers with less than two years of work experience must be provided by a U.S. employer with a permanent full-time job to apply for immigration. The U.S. Department of Labor (DOL) requires employers to promise to pay foreign workers wages not lower than the prevailing wage standard (Prevailing Wage Determination, PWD), so the employer must first obtain the general salary application from the State Labor Bureau, and through a series of job advertisements, prove that the local labor market does not have qualified American workers, and then submit a permanent labor certification (PERM) application to the Department of Labor, requesting The Department of Labor approves applications for positions that are in short supply in the U.S. labor force. Only after approval can the foreigner submit the I-140 employment-based immigrant application to the USCIS.

A perfect scenario for an EB3 visa petition would be a LED engineering firm in California petitioning a German electrical engineer to work in a full-time position.

For decades, Tsang & Associates has provided occupational immigrant visa services to many foreign workers (both skilled and unskilled), and technical personnel, helping clients to go to the United States to show their talents and realize the American dream.

7

LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our base fee for a standard EB-3 case is $10,000, not including government fees and third party expenses. We are happy to customize a proposal for your during a consultation and walk you through what a standard EB-3 visa case looks like. Please see below for more information.

7

CASE PROCESSING OVERVIEW

Step 1: Strategy Session for EB3 Visa

This is the most crucial step for your entire EB3 visa. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Determining Job Title and Duty Descriptions

The first thing USCIS looks at in your EB3 visa is your job title and job duty descriptions. In this step, we will brainstorm and finalize your detailed set of job duties corresponding to your petitioner and your major of study.

 

Step 3: Filing your Prevailing Wage Determination (PWD)

In this step, we will file your PWD to the Department of Labor and wait for their response.

Step 4: Permanent Labor Certification Program (PERM) Recruitment

Once your prevailing wages is confirmed, we will coordinate with the Human Resources Manager to help the petitioning company recruit for similar talents within the U.S. talent pools.

Step 5: Filing Permanent Labor Certification Program (PERM)

The Department of Labor (DOL) needs to make sure that a foreign talent must be recruited due to the lack of similar talents in the United States. If DOL suspects that such talents exist prevalently in the U.S., they may respond with an Audit. Don’t worry when you receive an Audit. We will guide you through the process and respond to DOL.

 

Step 6: USCIS EB3 Visa Filing

In this step, we will help you collect and organize all the evidences required for USCIS adjudication. An extensive Attorney Support Letter is essential for the explanation and argumentation of your case.
We will also be responding to any potential Request for Evidence (RFE).

 

Step 7: Adjustment of Status, Work Permit, & Advance Parole

Once USCIS has approved your EB3 visa application, and your Priority Date becomes current (depending on your country of birth) while you are in the United States, we will help guide you through your Adjustment of Status (I-485) application. Again, this is done with a well-crafted Attorney Support Letter and well-organized evidence presentation. When this is approved, you’ll be able to work in the United States.

Step 8: Prepare for Interview at the Consulate (if applicable)

If the client is required to attend an interview, then we will help guide them in preparation for the interview with a U.S. Consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interviews.

Step 9: Arrival is Only The Beginning

Our services do not end when you receive your EB3 visa status, and that this step only just beginning. To help accommodate this reality, we provide guidance over:

  • CBP – Airport Arrival
  • Dependent Visas/Work Permits
  • Reentry Permits
  • and more!
7

ADDITIONAL RESOURCES

Checklist of Required Evidence

Skilled Workers

  • You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
  • You must be performing work for which qualified workers are not available in the United States; and
    A labor certification and a permanent, full-time job offer are required.

Professionals

  • You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
  • You must be performing work for which qualified workers are not available in the United States; and
    A labor certification and a permanent, full-time job offer are required.

Unskilled Workers (Other Workers)

  • You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Checklist of Required Documents

Documents provided by the US Employer (Applicant):

  • Photos of business premises
  • Purchase or lease agreement for the location of the office
  • Geographical map showing the location of the company
  • Business scope and sales product list
  • Product Brochure
  • Customer list
  • Management charter
  • Organization Chart
  • Receipt samples for trade transactions
  • Proof of company assets presented by the bank
  • Tax certificate
  • Federal government corporate tax number
  • Financial Statements
  • Annual reports, federal tax returns, audited financial statements
  • Bank account records
  • Personnel file
  • Proof of operation
  • License to sell from the Board of Examiners of the Tax Code
  • Employee form
  • Proof of current income of the employee
  • Employee payroll register and payroll records
  • Board Minutes Establishing Emerging Sector
  • Demonstration of financial and operational capabilities to establish emerging sectors

Documents provided by the skilled/unskilled worker (beneficiary):

  • Labor certification approved by the Department of Labor
  • Valid passport
  • Resume
  • Graduation certificate/degree certificate
  • Training certificate
  • Sign a good job contract with a U.S. employer

Disclaimer: The above is a list of general application materials. For details, please prepare the application materials according to the customized list of documents provided by Tsang & Associates.

Filing Fee

The updated filing fee for EB3 visa can be found here.

Eligibility for EB3 Visa

Skilled Workers

  • Persons whose jobs require a minimum of 2 years of training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

Professionals

  • Persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.

Unskilled Workers (Other Workers)

  • Persons performing unskilled labor requiring less than 2 years of training, education, or experience, not of a temporary or seasonal nature.
7

SAMPLE & TEMPLATES

$

Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-140 petition.

$

Cover Letter: [coming soon] We will also provide a cover letter sample for the I-140 petition.

$

Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

$

Forms: Here is a list of the forms that are needed by USCIS

$

Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

$

USCIS Fee Calculator: This is to help calculate how much the filing fee will be. 

$

USCIS Mailing Address: This address is where it is mailed to USCIS.

$

USCIS Processing Timetable: This will help you figure out how long it will take to process.

$

ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

7

FREQUENTLY ASKED QUESTIONS

How long is the EB3 visa process?

It can take 4-6 months to process the EB3 visa, check case processing times here.

What are the benefits of EB3 visa?

  • Provides permanent residence in the US.
  • The worker with permanent residency can travel freely.
  • For the EB-3 process, the employer is the petitioner and the alien is the beneficiary.
  • EB3 visa holders may apply for dependent visas for their spouse or unmarried children under age 21.

How many green cards are available each year?

Only 40,000 green cards in total are available each year for EB-3 category, out of which 10,000 are allotted to unskilled workers.

How do skilled and unskilled workers differ?

The distinction between skilled and unskilled workers is important. The quota for unskilled workers is limited to around 10,000 per year. The Immigration Bureau stipulates that judging whether a job position requires at least two years of relevant technical training or work experience depends on the minimum requirements of the labor certification approved by the Ministry of Labor for this job position. Therefore, the employer’s minimum requirements for the job in the labor certification application are the key to determining which category of the immigrant petition falls under the third preference category.

What kind of position is the so-called permanent position?

A permanent position under immigration law is a position with no fixed term of employment. A job with a fixed term, no matter how long, is not a “permanent job.” On the contrary, if there is no fixed term of work, it is a permanent position.

Immigration law does not seem to have any requirements for EB-3C unskilled workers, but are there any basic eligibility requirements?

The immigration law still has basic eligibility requirements for EB-3C unskilled workers, such as:

  • Education: Minimum high school or equivalent;
  • Age: According to different positions, the age is appropriately relaxed to about 50 years old;
  • Work experience: No special requirements, as long as there are less than two years of work experience or training experience.

My I-485 adjustment of status application is in the process of being processed, but my EB-3 has no quota, will the USCIS continue to issue fingerprint recording notices or supplementary document notices?

Yes. USCIS will continue to process your case, but will not approve your application until your priority date is reached. Therefore, you will still receive a supplementary notification or a fingerprint admission letter. It is very important to comply with these requirements so that even if your case is temporarily denied, it will not result in your application being denied for not providing sufficient evidence or showing fingerprint identification.

In the EB-3 application, is the I-485 application submitted before the I-140 approval, which is considered a simultaneous application? Or do I have to send I-140 and I-485 at the same time to be considered a simultaneous application?

In theory, as long as the I-485 is submitted before the I-140 is approved, it is considered a concurrent filing. But because the I-140 and I-485 are not submitted at the same time, the approval time will be different. For example, two I-140s are sent, and only one I-485 is sent. One of the I-140s is approved. You can contact the Immigration Bureau to attach the I-485 to the approved I-140, but the procedure is more complicated. Be sure to verify that USCIS attaches the I-485 to the approved I-140, otherwise the application will fail.

I am a chef and have worked in a well-known restaurant in China for many years. Now the employer of a Chinese restaurant in the United States wants to hire me to cook Chinese food, but I only have a technical secondary school degree. Will there be any restrictions on my education? Can I apply for skilled immigration?

That’s absolutely okay. Skilled workers refer to workers who have at least two years of work experience in a certain job or at least two years of training. There are no special educational requirements for the position of chef, but work experience is mainly required. You have worked in well-known domestic restaurants for many years, and you must have met the requirements for skilled labor, so you can apply for EB-3 skilled worker immigration.

My current company filed an EB-3 skilled worker immigrant petition for me, and I just filed an adjustment of status application. If I want to change jobs, will my employment-based immigrant petition be invalidated?

If you change employers 180 days after filing your adjustment of status application, as long as your new job is in the same or similar occupational field, it will not affect your employment-based immigration application. But at this time, USCIS will ask your new employer to produce a letter in order to determine whether your new job is the same or similar to the job you originally applied for, and also to determine whether you will become a public charge in the United States.

In the EB-3 application, is the I-485 application submitted before the I-140 approval, which is considered a simultaneous application? Or do I have to send I-140 and I-485 at the same time to be considered a simultaneous application?

In theory, as long as the I-485 is submitted before the I-140 is approved, it is considered a concurrent filing. But because the I-140 and I-485 are not submitted at the same time, the approval time will be different. For example, two I-140s are sent, and only one I-485 is sent. One of the I-140s is approved. You can contact the Immigration Bureau to attach the I-485 to the approved I-140, but the procedure is more complicated. Be sure to verify that USCIS attaches the I-485 to the approved I-140, otherwise the application will fail.
7

SCHEDULE A SESSION

Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

7