June 22, 2020 update: President Trump temporarily suspended several new work visas, including H-1B visas. Read the New York Times article.
EB-3 (employment-based, preference 3) visas extend legal permanent residence to foreigners who have a full-time job offer in the U.S. and qualify as either (1) skilled workers, (2) professionals, or (3) other workers, including unskilled laborers.
In Nevada, common jobs for EB-3 visa holders are construction workers, cooks, and hospitality workers.
Below our Las Vegas employment visa attorneys answer frequently-asked-questions about EB-3 immigrant visas in Nevada, including application processes, interviews, time frames and fees. Click on a topic to go to that section.
- 1. Do I qualify for an EB-3 visa in Las Vegas, NV?
- 2. How do I prove I am eligible for an EB-3 visa?
- 3. How do I apply for an EB-3 visa?
- 4. How long does it take to get an EB-3 visa?
- 5. How much does it cost to get an EB-3 visa?
- 6. Can my family come with me on an EB-3 visa in Las Vegas, NV?
Employment-based visas in Las Vegas Nevada are classified into five different preference categories. Foreigners may eligible for third preference classification if they are either:
- skilled workers,
- professionals, or
- other workers
Employers looking to bring a foreign worker to the U.S. by using the third preference employment visa category must be able to supply evidence as it relates to the individual profession:
- Skilled Worker: This category involves individuals whose job requires a minimum of two years of either training or work experience, not of a temporary or seasonal nature.
- Professionals: This category includes those whose job requires at least a U.S. baccalaureate degree or its foreign equivalent and are a member of the professions.
- Other Workers: This category is for workers who perform unskilled labor that requires less than two years or training or experience, not of a temporary nature.
All of the categories require that the foreign worker have labor certification requirement (“PERM”) and a permanent, full-time job offer.
Typically, all third preference applications must include an approved, individual labor certification from the Department of Labor (DOL) associated with Form ETA-9089. In addition, the U.S. employer in Nevada must file an I-140 Form with the United States Citizenship and Immigration Services (USCIS). The application process requires that the employer properly demonstrates the fact to the USCIS that he or she has the ability to pay the offered wage as of worker’s visa priority date. For this requirement, the Nevada employer is allowed to use an annual report, federal income tax return, or an audited financial statement.
The PERM labor certification takes about six months. After that, getting an EB-3 visa may take six to twelve years depending on the foreigner’s country of citizenship.
The EB-3 visa processing fee is $345.
It is possible that an EB-3 visa holder’s spouses and unmarried children under 21 may qualify for E34, E35, EW4 or EW5 immigrant visas.
Call a Nevada immigration attorney…
If you are a foreign skilled worker, professional, or unskilled laborer, you may be able to qualify for an EB-3 visa. Contact our Las Vegas immigration attorneys for a consultation.
Also learn about our California EB-3 visa lawyers.