In this process, an employer who has a job opening that cannot be filled by qualified U.S. workers may sponsor an alien by obtaining a labor certification and offering a qualified job position.
EB-2 visas require an advanced degree or its equivalent, while EB-3 visas are available for professionals with a bachelor’s degree, skilled workers with at least two years of relevant experience, or unskilled workers.
The process involves multiple steps, including obtaining a prevailing wage determination and labor certification by the employer before filing an I-140 petition, which can take around 18 months. After completing the labor certification process, the I-140 is filed, and it may take up to one year for adjudication, unless premium processing is utilized. If the employee is legally present in the U.S., concurrent filing of adjustment of status with employment and travel authorization is possible.
The application fee for the I-140 petition is $700. If the employee plans to adjust status within the United States, an additional fee of $1,225.00 is required for each family member (or $750 for children under 14). If the employer chooses to use premium processing, the I-907 fee is $2,500.
Yes, you can apply for these visas from outside the United States. In such cases, after the employer completes the prevailing wage determination and labor certification processes, the employment-based visa petition is reviewed by the USCIS within the United States. Once approved, you and your family will go through consular processing, which involves scheduling an interview at the relevant U.S. Embassy or Consulate. After the interview, you will be permitted to enter the United States and receive your Green Card.
Yes, it is possible to obtain an EB-3 visa for non-skilled workers who can demonstrate the ability to perform unskilled labor that does not require more than two years of training or experience, and meets the other requirements of the labor certification.
The entire process for EB-2/EB-3 visas can take approximately 2.5 years.
Once the EB-2/EB-3 visa is approved, the beneficiary and their family will receive permanent residency status and a Green Card valid for 10 years. After having maintained permanent residency for 5 years, they may apply for citizenship, provided that all eligibility conditions are met.
Generally, all adjustment of status applications require an interview. However, the USCIS may exercise discretionary power to waive the interview requirement.
Yes, premium processing is available for an additional fee of $2,500. This fee is payable upon submission of the I-140 petition or afterward. By choosing the premium processing service, the USCIS will either adjudicate your case or issue a Request for Evidence within 15 calendar days.
No, premium processing does not affect the chances of approval. It expedites the processing time but does not impact the final decision.
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