This will be the final part in the survey of the EB visas, as we have already covered the EB-5 visa and the EB-4 visa is too specific to talk about generally.
Overview
This will be the final part in the survey of the EB visas, as we have already covered the EB-5 visa and the EB-4 visa is too specific to talk about generally. Should you have questions about these or any visa, contact our office so we may assist you.
The EB-3 visa is less stringent in its requirements, but the backlog is much higher than the EB-1 or EB-2 categories. Currently, applications from 2008 are being processed for many counties and are much longer for certain others – 2003 for immigrants from India and 2006 for immigrants from the Philippines.
The EB-3 visa is intended for three distinct categories: “skilled workers,” “professionals,” or “other workers.” The requirements are that the EB-3 visa beneficiary must find a sponsoring employer. Each applicant, regardless of whether they are “skilled workers,” “professionals,” or “other workers,” must go through the Labor Certification process, have a job offer for a permanent, full-time position, and demonstrate that they will perform work for which qualified workers are not available in the United States. Through this process, the employer must prove the unavailability of qualified U.S. workers and that U.S. worker’s wages and working conditions will not be negatively affected. Sometimes, precertification of the petitioned position may be pre-certified under Schedule A of the Department of Labor.
For skilled workers in particular, they must demonstrate at least two years of job experience or training. The Labor Certification form, ETA 9089, has instructions on how to determine whether a job is skilled or unskilled.
Professionals in particular must possess a U.S. bachelor’s degree or a foreign degree equivalent AND must demonstrate that the bachelor’s degree is the normal requirement for entry into the occupation. Education and experience unfortunately cannot replace the requirement for a bachelor’s degree.
For the “other workers” category, the beneficiary must prove that, at the time of filing the petition by the sponsoring employer, he or she is capable of performing unskilled labor and that the work is not seasonal or temporary and cannot be done by qualified workers in the United States due to lack of availability. Unskilled labor of defined as requiring less than 2 years of training or experience.
The EB-3 visa is not the most ideal given the backlog and the required labor certification process. But it may be useful for those who are not in a rush to receive their green card and/or have trouble meeting the other EB visa requirements. Contact our office if you have any questions related to the EB-3 visa or any other immigration issues.
Legal tech firms struggle to sell their AI-based products to large law firms, where the billable hour model creates mixed incentives.
Legal Operations professionals talk about how they bring the best talent to apply to their company.
Our recent webinar brought together top legal professionals to explore effective strategies in legal budget management, emphasizing the pivotal role of financial planning and analysis (FP&A) in transforming legal departments. The discussion centered around maximizing cost savings and enhancing profitability through strategic alignment and cross-functional partnerships.
About 79% of law departments saw an increase in the volume of legal work over the past year with no corresponding rise in staffing levels, according to a Thomson Reuters report. To meet the rising demand, departments resort to tiered work and prioritize tech investments.
Six months after Credit Suisse rescue, investigation continues into its financial health.
Infinite Reality announces the appointment of Scott Waldbaum as its Senior Vice President, General Counsel, and Assistant Corporate Secretary, marking a significant step in its plans to go public.
In-house lawyers face significant mental health challenges due to overwhelming workloads, understaffing, and a dysfunctional corporate culture, leading to high levels of stress, anxiety, and burnout.
A look at the percentage of female equity partners in the 10 largest U.S. law firms.
Second 50 law firms are climbing the industry ladder with significant combinations designed to add scale and expand their practice area and geographic reach.