EB-3 Consular Processing

By Brian D. Lerner

The EB-3 Consular Processing is an Employment-Based Visa which is for skilled workers, professional, and other workers. After the PERM is approved, assuming you have an employer sponsoring you and either a couple years of experience or a bachelor's degree, the EB-3 is for you.

 

Many foreign nationals cannot get into the U.S. or stay in the U.S. on family based visas or family petitions. Even if they can, sometimes it takes years longer. The EB-3 allows you to obtain Lawful Permanent Residency through employment and by working with a company that has sponsored you. The EB-3 involves different employment categories. You can have a B.S. degree, or two years experience or even be unskilled. There are many ways. Once it is in the final stages, you can process through the Consulate to get your Green Card. Therefore, you could be outside the U.S. while the EB-3 is processing. Should you want real examples of this, it will help you get an approval.

 

Therefore, if you are looking for an employment based green card, it starts with PERM, then goes to the I-140 Petition and finally if you are outside the U.S. or cannot adjust inside the U.S., it will go to an EB-3 Consulate Processing for final approval.

 

Many people think that you can come to the United States only with a petition by a family member. However, this is not the case. In actuality, there are many different ways to come to the United States through employment. You do not need any family members to get an employment based petition. In fact, if you have family members who want to come with you, they can be considered derivative beneficiaries of the immigration petition. Spouses and unmarried children under 21 years old can get their green cards based on the employment petition just like you the primary applicant.

 

The EB-3 is a shorthand way of saying 'Employment Based Petition", "third preference". This means that there are different sub-categories of the EB-3 which allow you to immigrate to the U.S. An immigration lawyer can certainly help here. However, the petition we are giving you is a real EB-3 petition and will give you a very good idea of what to do and how to proceed forward. You should note that this petition is done after the PERM, the I-140 Employment petition and then the final application to the Consulate. Thus, this EB-3 Consulate application is the application that is sent to the proper U.S. Consulate based on an approved employment petition. You should note that nothing is guaranteed, and therefore, even if you have an approved PERM and I-140, that does not mean it is guaranteed to have the application approved. Therefore, you want to make sure that you follow this immigration application and do it properly so there are no delays and so that you can try to get your lawful permanent residency as soon as possible.

 

Note also that this application does not include any grounds of inadmissibility such as crimes or fraud or medical related issues. If you need a Waiver of Inadmissibility, then you will have to separately prepare such a Waiver.

 

The EB-3 can be used if you have a B.S. degree or B.A. degree. It also can be used if you have at least two years experience in whatever job is being offered. Finally, the EB-3 can be used if it is unskilled (less than two years of experience.) For your information, if in fact it is unskilled, it will be harder to get through and you should try to get a position that requires at least a B.S. degree or 2 years of experience or a combination of both.

• Language: English
• Publisher: Brian D. Lerner
• Release date: Oct 5, 2023
• ISBN: 9781948774796

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