‎Eb-3 Employment Visa

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VISA UPDATE # 1 - APPLY FOR EB-3 VISA

The application for the EB-3 visa, also known as the green card for work or the American work visa, generated many doubts on the part of foreigners, mainly because of the changes in the scenario in the American country caused by the cut in the border with Mexico and by the industrial growth of China, for example.  The EB-3 visa is a fully work-related visa. The “EB” we read in this acronym means employment based. This visa, unlike other EB visas such as EB-5 and EB-2, is designed for professionals of various levels, for the most qualified and also for those with low qualifications, in addition to allowing residency in the United States. It is often more easily acquired by less professionally qualified people, however, the candidate must meet a number of requirements and go through a thorough process by the US Department of Labor (DOL). In addition, the employing company must also meet government requirements. For workers with specialized qualifications, a minimum of two years of experience or training is required. If he does not meet this requirement, he will be assigned to less qualified positions. The advantage of the EB-3 visa is the possibility to take the family to the United States. The bearer of this document can take a spouse and their children under 21 years of age and their parents' dependents. This is one of the great advantages that a visa provides. How to get the EB-3 visa? Regarding the various types of Green Card that exist, the EB-3 visa can be considered one of the easiest to obtain, especially for people who usually enter a waiting list and must wait a maximum of two years to get the visa. Basically, there are two documents necessary to obtain the visa: Foreign Labor Certification (ETA 9089) and the I-140 form, remembering that the latter must be issued by the company where the employee will work. In addition, there are other rules that must be followed: Offer valid and not just temporary; Physical preparation to get the job done; Sufficient English level for the position; Not having any kind of migratory problem; Does not have a criminal record. Generally, the company will only give up on hiring this employee if he has visa problems. Therefore, it is essential to follow all the steps. EB-3 visa categories In total there are 3 subcategories of this visa to apply: Skilled workers, intended for those who have rare professions or special skills Unskilled workers (also called other workers), intended for those who have differentials in hand of construction and do not have two years of experience. Professional, the latter aimed at those who have a bachelor's degree even recent graduates can apply.

The EB visa is a somewhat special visa because it allows you to obtain a Green Card and permanent resident status, which is very rare in the United States where most people get a temporary visa first before doing so. their request for a Green Card. This is a visa that does not bind you to your employer in any way since, through your status, you are free to do what you want afterwards. On the other hand, an employer is very often required to be able to make the initial request. (Except EB1 visa in certain cases).

Some boxes are therefore a little reluctant because this includes legal fees which are often very high without guarantee that the employee will stay in the box. It's up to you to convince him

Convince the employer

Possibilities:

Have a rare profile and target smaller cities that will have a hard time finding certain profiles. Work for a huge company that knows the process very well and can sponsor you without your profile going out of the ordinary.

The EB-3 visa is available both if you already live in the United States but also if you are abroad. As long as your profile is eligible, you can apply.

Already working for the company you are applying for does not unfortunately give you any advantage and some countries are at a disadvantage compared to others. China and India, for example, have years of waiting compared to 1 to 2 years for almost all other countries.

COMMON QUESTIONS

What is the EB-3 visa?

The employment-based Green Card are divided into five categories. The third preference category (EB-3) is designed for skilled foreign workers, foreign professionals and all other foreign workers (or unskilled workers).

How to get a job offer for the EB-3 visa? To obtain the EB3 Green Card for work visa, you will need a sponsor company. For the US government, this company is choosing to hire you over hiring US citizens and needs to justify such hiring. This is done through the prevailing wage determination.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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