A skilled worker has specialized skills, training, knowledge, and often substantial professional expertise. This expertise can be acquired through formal education at a college, university, or technical school, or it may be developed through practical experience gained in the workplace, making them highly proficient in their field. The EB3 Visa for Skilled Workers permits individuals to move to the United States for permanent residence and employment, negating the necessity for an Employment Authorization Document (EAD).
To qualify for an EB3 visa, a foreign worker must demonstrate the following:
1. Valid and Permanent Job Offer: They must have a confirmed and enduring job offer from a US employer.
2. Qualifications Match Job Requirements: They should possess the necessary qualifications to fulfil the job’s educational and experiential prerequisites outlined in the job description.
USA Skilled Worker Visa (EB3 Visa)
The USA Skilled Worker Visa (EB3 Visa) falls under the Third Priority Worker category, which permits three distinct types of workers to relocate to the United States and establish permanent employment. These worker categories comprise:
- Skilled workers have completed at least 2 years of job experience or training.
- Professionals: those who can prove they have a higher educational degree or equivalent, such as a bachelor’s degree.
- Unskilled workers are people with less than 2 years of work experience or training. Unskilled workers get the EW-3 visa, as explained in the article.
USA Skilled Visa Requirements
Applicants who are interested in applying for the US Visa must meet the following USA Skilled Visa requirements:
- Applicants must prove they have a valid and permanent job offer from a US employer.
- They must possess the qualifications required for the job description, including their education and experience.
- The employer must show that they are financially stable to pay the foreign worker and can afford to sponsor the worker.
Benefits of the US Skilled Worker Visa
- The foreign worker can move to the United States, live there permanently, and work without obtaining an EAD.
- After a few years at the same job, they can switch employers and positions.
- They can get a green card.
- They are allowed to travel within and outside the United States of America and also reside in a state different from the one they first moved to.
Cost of the US Visa (EB3 visa fees)
There are certain fees that both the US employer and the foreign worker must pay for the EB3 visa. Your employer and the applicant will have to pay the following fees:
- DOL Labor Certification fee (employer)
- USCIS Form I-140 petition filing fee (employer)
- Form DS-261 processing fee (employee)
- Medical examination fees (employee)
- Fees to obtain supporting documents (employee)
- Any translation fees from foreign language to English (employee)
Application Procedures
How-to-Apply: Interested USA Skilled Worker Visa applicants are to follow the steps outlined below to submit their application. The application has multiple steps involving the employer and the foreign employee. The application process for an EB3 visa has two parts:
- The US employer obtains labour certification and files the necessary petitions
- If approved, the foreign employee then applies for the EW-3 visa at a US Embassy in their home country.
Supporting Documents
The documents required for an EB3 visa application are the following:
- Your passport, which must be valid for more than 6 months after your intended departure to the United States
- Your employment offer from the US employer
- The approved labour certification
- The approved petition
- Your DS-261 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the US Visa Photo Requirements
- Academic achievements (diplomas and certificates)
- Your CV or resume
- Court and criminal records
- The National Visa Center (NVC) might require other supporting documents depending on the case, so you must follow their instructions carefully.
Frequently Asked Questions (FAQs) About the USA Skilled Worker Visa
1. What is the USA Skilled Worker Visa?
The USA Skilled Worker Visa, often called employment-based immigration (EB), allows skilled foreign workers to permanently live and work in the United States.
2. What are the categories of the USA Skilled Worker Visa?
The USA Skilled Worker Visa includes categories such as EB-1 for priority workers, EB-2 for professionals with advanced degrees or exceptional abilities, and EB-3 for skilled workers and professionals.
3. Who is eligible for the USA Skilled Worker Visa?
Eligibility criteria vary depending on the specific EB category. Generally, eligibility is based on factors like a job offer from a US employer, qualifications matching job requirements, and sometimes labour certification.
4. What is the process for obtaining a USA Skilled Worker Visa?
The process typically involves the employer sponsoring the foreign worker, filing a petition with the US Citizenship and Immigration Services (USCIS), and waiting for approval. After approval, the worker can apply for an immigrant visa or adjust their status if they are already in the US.
5. Is there a limit on the number of USA Skilled Worker Visas issued each year?
Yes, annual caps on the number of visas issued for each category can vary from year to year and are subject to change based on government policies.
6. Can family members accompany the visa holder?
The visa holder’s immediate family members (spouses and unmarried children under 21) can generally accompany them to the US under derivative visas.
7. Can a USA Skilled Worker Visa holder change jobs once in the US?
It is possible to change jobs, but the new employer must typically sponsor the worker and follow the appropriate procedures to transfer the visa.
8. Can USA Skilled Worker Visa holders apply for US citizenship?
Yes, after living and working in the US as a permanent resident for several years (usually five), visa holders can apply for US citizenship through naturalization.
9. Are there any visa options for skilled workers who do not have a job offer from a US employer?
Some visa categories, like the H-1B visa, are designed for skilled workers without a job offer but require sponsorship from a US employer.
10. What are the benefits of obtaining a USA Skilled Worker Visa?
Benefits include the opportunity to live and work in the US permanently, access to a stable job market, potential pathways to US citizenship, and the ability to bring immediate family members to the US.
Note: Visa requirements and policies can change over time, so it’s essential to consult with immigration authorities or legal experts for the most up-to-date information and guidance.
It’s important to note that this type of American visa issuance is subject to an annual cap, limiting the number of visas granted each year.