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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
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IMMIGRANT VISAS ( GREEN
CARDS )
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Employment Based |
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EB-3
: Skilled Workers / Professionals
The
third preference employment-based category
is used by U.S. employers to sponsor
professional workers (for positions which
require, at minimum, a bachelor’s degree
in a specialized field) and skilled
workers (for positions which require, at
minimum, at least 2 years of experience).
The EB-3 category requires labor
certification and a job offer as a
pre-requisite for filing the immigrant
visa petition.
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Criteria
for EB-3 Professionals:
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| 1. |
The
position offered must normally
require a bachelor’s degree as the
minimal requirement for entry into
the profession. |
| 2. |
The
foreign individual must possess a
bachelor degree, or foreign
equivalent, in the field appropriate
for the position. |
| 3. |
A
labor certification must be approved
by the U.S. Department of Labor
before the EB-3 immigrant visa
petition can be submitted to the
USCIS. |
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Criteria for EB-3 Skilled Workers:
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| 1. |
The
position offered must normally
require at least two years of
experience as the minimal
requirement for entry into the
occupation. |
| 2. |
The
foreign individual must possess at
least two years of experience or
training in the occupation. |
| 3. |
A
labor certification must be approved
by the U.S. Department of Labor
before the EB-3 immigrant visa
petition can be submitted to the
USCIS. |
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How may I
obtain permanent resident status in the
EB-3 category?
The
EB-3 petition is filed at the appropriate
USCIS Service Center with an approved
labor certification. As long as there is a
visa number available at the time of
filing the petition, the individual may
apply concurrently for adjustment of
status with his/her spouse and children
under 21 years of age. Alternatively, he
may file for adjustment of status after
the EB-3 petition is approved, or after
approval he may chose to undergo consular
processing of his immigrant visa at a U.S.
consulate abroad.
As
with the family-based preference
categories, the number of immigrant visas
in the employment preference categories
are also subject to an annual numeric
limitation for nationals of each country.
The filing date of the immigrant
visa petition establishes the priority
date for the application.
However, unlike the family-based
categories, the employment-based
categories are normally current. Click the Department
of State Visa Bulletin for the
priority dates for preference category
petitions and to find the backlog for each
preference category.
To
request a consultation regarding a
petition as a professional or skilled
worker, please contact our office here. |
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