EB-3 visa is a third priority worker which permits visa holder to move permanently to the U.S to work in the field of expertise and enjoy the rights of permanent Green Card holders. A foreign worker who have found an employer who is willing to hire them to come to the U.S permanently and work without an Employment Authorization Document.
Third Priority workers are
For EB-3 visa, a foreign worker must prove the below:
The visa application process starts in the US from the employer filing a petition.
1. Getting the labor certification
The employer need to get a labor certification by the U. S Department of Labor by filing Form ETA 9089 to the DOL.This form states that the employer has tried to find a U.S employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
The form is processed by the department of labor and the employer and employee are notified of the decision. If approved, the U.S employer.
2. Filing the petition
The employer also should file a petition to USCIS by filing Form I-140, Immigrant Petition for Alien Worker with financial statements, and tax returns to prove that the company is financially stable.
USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center NVC.NVC, will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country.
Once the petition is approved by USCIS the employee can start the application process.
All applicants must attend an interview at the US Embassy or Consulate in their home country where they are applying. The necessary checks on all documents will be made and interview will be scheduled by NVC.
If the petition is approved a package will be sent from the NVC. The applicant should not open this package.it should be taken along while travelling to U.S and give it to an immigration officer at a U.S port of entry for them to open and decide whether you should be allowed to enter the country or not.
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