To get this visa, it is not necessary to have a Master's or Bachelor's degree, it is enough to have an employer in America
All of the main processes for filing a petition are handled by your employer
This visa falls under the category of a work visa type so investments are not required
This visa gives Green Cards to the whole family: the applicant, spouse, and unmarried children under the age of 21.
Requirements for the applicant:
Be qualified. This can be a Bachelor's degree from a US university or any equivalent degree awarded in another country. On top of that, you can still be a specialist and have an average qualification. This means that you can get a visa even if you don't have a degree!
Be able to prove your work experience.
Be able to provide evidence that your future work in the US corresponds to the education and a Bachelor's degree.
Be able to provide evidence that you have an employer in the US and are offered a permanent job from them.
EB-3 quastionary form
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Requirements for the employer:
The financial ability of the company to pay wages for this vacancy that is established by the Department of Labor
A vacant position for which there was no candidate from the American labor market
The 4 main steps that your employer must go through:
Recruiting (2-3 months) – the employer has to test the American labor market to see if there are American employees who are willing to fill this position. For example, the employer needs to register on the site of a state government agency that helps in finding employees among Americans. Once it's over and there is no resume or candidates do not qualify for the requirements, we proceed to the next stage.
Prevailing wage (6-7 months) – this is how much money the employer will have to pay for this position to you if the American employee worked for this company. The amount of the wage is determined by the Department of Labor. This step is free of charge.
The job listings must be in circulation for up to a month. Then 30 days of waiting for resumes and interviews (if there are any).
Filing the I-140 Form. With all the documents from the Department of Labor, from the employer, and from you, the petition is filed. The company needs to prove two main things - the business need and the ability to pay you the salary set by the Department of Labor. State duty is - $2500 +
PERM - the certificate from the Department of Labor that indicates that there is no American worker for this position. It can be obtained by submitting documents to the Department of Labor after the recruitment stage. This process takes 7 months. If the Department of Labor did not like something, they can run an audit. The audit can drag out the process for up to one and a half years.
EB-3 review timeframe
The standard review timeframe for this visa changes annually depending on the total number of applicants and takes between 8 - 9 months.
The expedited review timeframe takes 15 days.
Stanislav Shamayev is a market-leading licensed business immigration attorney of the US law firm – "Shamayev Business Law". For over 10 years, he has been helping people—entrepreneurs, investors, and talents—take a big step and immigrate to the US.
Stanislav's experience counts over 2000 cases for customers from 30 countries.
He specializes in: - Business and investment visas: ЕВ-5, E-2, L-1 - Talent visas: О-1, ЕВ-1, ЕВ-2NIW - Work visas: ЕВ-3, H-1B - Corporate business support