November 27, 2018

EB-2 vs EB-3 Immigrant Visa

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Determining when to ask your employer to sponsor you for a green card involves the right timing. However, in many cases, if you wait too long or postpone the process you may confront additional and unwanted delays.On the other hand, employers may hesitate with this request because often times foreign workers leave their place of work after receiving approval for their green card. EB-2 and EB-3 visas are quite popular options for green cards.

Employment Second Preference (EB-2 Green Card Process)

The EB-2 green card is for professionals holding advanced degrees or individuals with exceptional ability in the arts, sciences, or business.

What is required? A job offer is necessary for the green card process EB-2 immigrant visas require and the U.S. employer must file a petition on behalf of the applicant. You must also have either a labor certification approved by the DOL, a Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. For H1B Visa Evaluation Visit UT Evaluators

Aliens may apply for an exemption from the job offer and labor certification if the exemption would be in the national interest of the United States. This is usually the case for entrepreneurs, partners, and small business owners that cannot obtain a job offer.In these cases, the alien may file the I-140 petition along with a National Interest Waiver as evidence that the business enterprise will benefit the economy or culture of the U.S. An EB-2 visa lawyer can best identify which option would result in an approval for your case.

Employment Third Preference (EB-3 Green Card Process)

The employment third preference category is for skilled workers, professionals holding bachelor’s degrees and individuals who are considered other workers. These “other workers” include manual and unskilled laborers that do not perform temporary or seasonal tasks. For H1B Visa Process Visit here

What is required? Third Preference applicants require an approved I-140 petition filed by the prospective U.S. employer, evidence of having experience in the desired field, and one of the following items:

A. PERM Labor Certification

B. Schedule-A Designation

C. Evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.

Skilled workers must have at least two years of experience in their relevant fields while unskilled workers may suffice with on-the-job training and the ability to perform unskilled labor. It is important to note that the “unskilled workers” subcategory has a different set of priority dates from the other EB-3 subcategories.If you are making the transfer from H-1B to green card status, then your employer should have already obtained a PERM Labor Certification on your behalf.

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