#eb3 visa

The EB 3 Visa Sponsorship Jobs is a U.S. employment-based immigrant visa designed for foreign workers who want to live and work permanently in the United States. It falls under the third preference category and is divided into three main types:

The key differences between EB1, EB2, and EB3 visas for U.S. immigration. This guide explains eligibility, processing times, and benefits of each employment-based green card category, helping you choose the right path for permanent residency.

In employment based green card, an employer sponsors a green card for its employee for a future employment position. There are many steps in this process and it may take few years to get the green depending on the category filed.

Employment based green card is generally filed under the following categories:

EB1 – Employee with extra ordinary ability, Outstanding professors and researchers, Multinational manager or executive

EB2 – Employee holding advanced degree or a foreign national who has exceptional ability.

EB3 – For professionals (with US bachelor’s degree or foreign equivalent), skilled worker or other worker category.

EB4 – For special immigrants such as Physicians, Religious workers, Armed Forces Members etc

EB 5 Visa – Immigration through investment by a foreign entrepreneur

Green Card Process

There are generally 4 steps in Employment based Green Card process:

Employment based Green Card Process

1) Labor Certification – The first step in green card process is filing for Labor Certification by the employer. The employer must obtain an approved certification of labor from U.S Department of Labor. The Labor certification verifies that there are insufficient qualified U.S workers to fill the position and hiring a foreign worker will not adversely affect similarly employed U.S workers. Labor certification are filed using an online system called PERM. The date on which the labor certification is filed is called ‘priority date’.

2) I-140 Petition for Alien Worker – I-140 petition is filed by the employer and this is the 2nd step in the process. The employer can file for I-140 only after obtaining an approved labor certification from US.Department of Labor (step 1). The employer files this immigrant petition for an alien worker to become a Permanent resident in the United States based on a job opening. When filing for I-140, the employee will have to provide his/her previous work experience letters and other degree certificates.

3) I-1485 – Adjustment of Status – Once the 1-40 petition (step 2) is approved by USCIS, then you have to wait till the priority date becomes current. Priority date is the date on which the labor certification was filed. Usually, there is a heavy backlog of green card petitions and so USCIS processes cases which was filed few years back. So only after USCIS starts processing cases with your priority date, you can file for I-485. This may take from few months to many years depending upon your country of birth and your category. Once your priority date becomes current, you can file for -1485 for yourself and your family. You will have to go for a medical examination before filing I-1485. You can also apply for EAD (Employment Authorization Document) which gives you the right to work in US while you wait for your I-485 application to be approved. Usually, you get your EAD after a month or two after you apply for it. You can file I-1485 only if you are residing in US. If you are outside United States, you would have go to for consular processing.

4) Green Card – Once the I-485 application is approved, you will become a lawful permanent resident of US. Your Permanent Resident Card or Green Card will be mailed to your residential address.

The U.S. Senate has failed to pass the Green Card Bill on eliminating the 7% per-country cap that issued green cards based on employment (EB2 and EB3 visa). Recently in July 2019, this had passed through the U.S. House of Representatives successfully. 

The reasons given for stalling this 2019 High-Skilled Immigrant Fairness Act are:

If this Bill passed, negative impacts on certain industries.

A certain language change request within the Bill would suit the American workforce better.

This was an important stage in this bill because the Senate voted unanimously, it may have bypassed committees, amendments, and the resulting public discussions and reached the President's office for final signatures. The Fairness for High-Skilled Immigrants Act of 2019 had been set before Congress and is at its introductory stage. There are some more hoops to jump through before a decision can be passed, either in its support or against it. But before it arrives at that point, we get to analyze it a bit to see how it will affect the Indian diaspora, particularly since they are the most predominant beneficiaries of this Bill, not to Specify the most affected by the Green Card backlogs, if the Bill doesn’t pass. 

What is the Fairness for High-Skilled Immigrants Act of 2019?

This Act, Generally called HR 1044, aims to boost the per-country limit for family-based immigrants from 7% to 15% while completely eliminating the per-country limit for US employment-based resident visa applicants. All this while keeping the total green cards counts issued unchanged.  

How does the Fairness for High-Skilled Immigrants Act of 2019 affect Indians, if passed?

If an Indian beneficiary has an already approved US employment-based permanent residency visa, he/she might not get a visa once the bill is passed.

Once passed, beneficiaries under the EB-2 & EB-3 sub-categories will get 29,000 and 31,000 immigrant visas in FY 2020 and in FY 2021-2022 respectively.

The Act will be enacted in stages and with a transition period that will include a select number of visas issued over the next few years. It's going to be on a first-come, first-serve basis after that.

By FY 2023 and 2024, 40,000 USA employment-based pr visas will be kept for Indians in the EB-2 and EB-3 sub-categories, beneficiaries who are already waiting for their green cards.

Priority dates will not be prioritized after FY 2023. The final application date will be determined by filing status and background checks adjustment plus the collection of biometrics.

Going ahead, candidates filing in FY 2020, 2021 and 2022 will be in a similar pool as Indians who had previously filed and waiting for a while – does this imply more wait time for Indians Probably.

Having said that, the intent of the Bill is to assure that FY 2023 processes Indians in the EB-3 subcategory.

This enables EB-2 candidates to downgrade to EB-3, which may give them a push along the calendar.

The Bill plans to club EB-2 and EB-3 subcategories after FY 2024. Hopefully, this would totally eliminate the backlogs, providing Indians a chance to see the USA Dream and its green card without having to spend decades not seeing any of them.

In conclusion, the Fairness for High-Skilled Immigrants Act of 2019 will not only benefit scores of highly-skilled Indian workers who have given their most beneficial years to the US economy but also will see the same economy prosper and be competitive because these skilled workers are allowed to come here and contribute. Eliminating the per-country limit is a major step towards America.

 If you looking for US Green Card via employment, then contact XIPHIAS Immigration, the most awarded immigration firm in India. Call us today at +91-9019400500, +91-8010500200 OR email us at [email protected] OR fill a form: http://bit.ly/2XApTw4 for more information.