Due to the relatively low requirements for the EB-3 immigration category, applicants should be aware that there is a waiting period for the 'non-skilled worker' visa and should adequately plan their time. Let us now take a look at the detailed process for the U.S. EB-3 employer-sponsored immigration application.
1. Labor Certification Application
This stage is completed by the attorney hired by the employer, and the applicant only needs to provide their resume, employment application form, a scan of their passport's bio page, and a medical examination report. This stage is primarily aimed at proving to the Department of Labor that the employer is unable to find suitable local candidates and thus must recruit from abroad.
The employer must advertise in local mainstream media and post job listings internally to ensure that the recruitment information is accessible to potential applicants.
The review of the labor certification typically takes about 6 to 8 months; however, processing times can vary, and it may take less than a month in some cases. It is important to note that the processing speed does not affect the issuance of visas in the later stages.
2. I-140 Application
Submit an I-140 application to the U.S. Citizenship and Immigration Services and obtain the approval letter from the agency. The review period is between 3 to 12 months, although it may also take a shorter or longer time.
At this stage, the applicant needs to provide information about their family members who will immigrate with them, so that family members can submit their applications together.
Note: Children accompanying the immigrant must be under the age of 21. Typically, on the day the priority dates open, only children under 21 may immigrate with their parents. If the child is considered 21 years old by normal calculations, they cannot complete the immigration process together. However, if the child waited for a year during the I-140 stage, then their age will still fall within the eligible range after considering the waiting time.
3. NVC Queue
After the I-140 is approved, the application will be transferred to the National Visa Center (NVC) for queuing.
As the priority date approaches, submit DS-260 and civil documents to the visa center to confirm the visa interview date.
Since preparing civil documents takes time, the visa center will estimate when you can expect to be queued within six months, and will send you a payment notification for the DS-260 application fee.
4. Visa Interview
After waiting in the queue, the application will be transferred to the U.S. Consulate in Guangzhou. At this stage, the applicant needs to update the originally submitted materials and provide a re-confirmation letter of employment, and attend the interview at the designated time provided by the visa center.
If the interview is successful, the visa will be granted.