Gaining Permanent Residency to the U.S. Through Employment
People across the world want to immigrant to the U.S. so that they can live the American Dream. One of the best ways to do this is by obtaining a green card, which will grant you lawful permanent resident status. As a green card holder, you can live and work in the country for the rest of your life. Almost 577,000 green cards were issued by the U.S. government in 2019, and about 140,000 employment-based visas are issued each fiscal year. The majority of green cards are given to family members of U.S. citizens, followed by workers from other countries who have job offers. As you could guess, the competition is very stiff, so it will be helpful to have an employment immigration attorney Los Angeles guide you through the process.
If none of your relatives are U.S. citizens or permanent residents who can sponsor you for a green card, your next best option would be getting a U.S. based employer to sponsor you. The EB-3 visa is a category that gives immigrants a path to green card status after obtaining a full-time, permanent job offer.
There are a few stipulations when it comes to qualifying for this kind of green card. As stated above, the job offer must be full-time, meaning 40 hours a week, and permanent, meaning it’s not a seasonal or temporary position. Furthermore, the company that wants to hire you must get labor certification approval from the Department of State. A labor certification will show that no qualified workers were located in the U.S. for the job, so they had to outsource. Your employer must show that they attempted to recruit and interview American candidates for this position. There is no self-petition category for this type of visa, so a job offer is essential.
Your immigration labor attorney Los Angeles can explain the categories in depth and tell which best applies to your situation, but a summary of the three categories is listed below.
The term “professional worker” does not have an exact definition in U.S. immigration law, but architects, lawyers, physicians, engineers, and teachers are a few examples of these professions. To get an idea, a professional worker would be someone who has no degree higher than a bachelor’s degree and fewer than five years of job experience in that field.
In order to fall into the professional worker category, you must have a U.S. bachelor’s degree, or the foreign equivalent, related to the job for which you received an offer. This degree must be a normal requirement for qualification for the position. Keep in mind that not all degrees across the world hold the same value in the U.S. Unfortunately, a bachelor’s degree is essential, and other education and similar work experience cannot substitute.
Skilled workers are described as workers in positions that do not typically require a bachelor’s degree, but they do require at least two years’ worth of experience or training. Examples of skilled workers include architects and physical therapists.
According to Pew Research Center, “the share of immigrants in high-skill, nonmechanical jobs has risen in recent decades,” and the fastest-growing jobs have been those that value analytical skills, such as science and math, and fundamental skills, such as language and reading.
If your position does not fall under the professional worker or skilled worker categories, then it will be classified under the unskilled worker category. These kinds of occupations require less than two years’ training or experience. Housekeepers, nannies, janitors, garden workers, nurse’s aides, and farm workers are among unskilled workers that can qualify for the EB-3 visa.
Applying for the EB-3 Visa
The application process for the EB-3 visa is drawn out, and you will have to pay a handful of fees along the way. After passing the labor certification process, all employment-based visas are subject to a $700 visa petition fee as of 2019. You can expedite this process by paying for premium processing, which is $1,410. If you’re applying from overseas, you’ll also have to pay an additional $345.
As you can see from above, the visa application process is expensive, so it’s understandable that you may be hesitant to hire a work visas attorneys Los Angeles. However, this process is also very lengthy and complicated, and you don’t want to waste hundreds, if not thousands, of dollars by doing it wrong the first time. Hiring an employment visa lawyer Los Angeles that you can trust like Alami Law will give you peace of mind when applying for a work visa. Contact Alami Law to give your visa application the best chance of being approved so you can start your process of immigrating to the U.S.