Immigration Law

What Is the EB-3 ROW Green Card Process?

Discover the EB-3 ROW Green Card process and eligibility requirements for skilled, unskilled, and professional workers.

Introduction to the EB-3 ROW Green Card

The EB-3 ROW Green Card is an employment-based visa that allows skilled, unskilled, and professional workers to live and work in the United States. This visa category is part of the third preference for employment-based immigration, with ROW standing for 'Rest of the World', excluding China, India, Mexico, and the Philippines.

To be eligible for the EB-3 ROW Green Card, applicants must have a job offer from a US employer and meet specific requirements, including education, work experience, and language proficiency. The employer must also obtain a labor certification from the US Department of Labor.

Eligibility Requirements for the EB-3 ROW Green Card

To qualify for the EB-3 ROW Green Card, applicants must meet specific eligibility requirements, including having a bachelor's degree or higher, or at least two years of work experience in their field. They must also demonstrate that they have the necessary skills and qualifications for the job offered by the US employer.

Additionally, applicants must undergo a medical examination and obtain a police certificate from their home country and any countries where they have lived for at least six months. They must also demonstrate that they are admissible to the United States under US immigration laws.

The EB-3 ROW Green Card Application Process

The EB-3 ROW Green Card application process involves several steps, including the US employer obtaining a labor certification from the US Department of Labor. The employer must demonstrate that there are no qualified US workers available for the job and that hiring a foreign worker will not adversely affect the wages and working conditions of US workers.

Once the labor certification is approved, the employer can file a petition with US Citizenship and Immigration Services (USCIS) on behalf of the applicant. The applicant can then apply for a Green Card through the National Visa Center (NVC) or adjust their status if they are already in the United States.

Benefits of the EB-3 ROW Green Card

The EB-3 ROW Green Card offers several benefits to recipients, including the right to live and work in the United States permanently. They can also travel in and out of the country without restrictions and are eligible to apply for US citizenship after five years.

Additionally, EB-3 ROW Green Card holders can sponsor their spouses and unmarried children under the age of 21 for Green Cards, and they are eligible to receive Social Security benefits and other government benefits.

Timeline and Processing Time for the EB-3 ROW Green Card

The processing time for the EB-3 ROW Green Card can vary depending on several factors, including the workload of the US Department of Labor and USCIS. On average, the labor certification process can take several months to a year, while the petition and Green Card application process can take an additional six to twelve months.

It is essential to note that the EB-3 ROW Green Card is subject to annual quotas and backlogs, which can affect the processing time. Applicants should consult with an immigration attorney to get the most up-to-date information and guidance on the application process.

Frequently Asked Questions

What is the difference between the EB-3 ROW Green Card and other employment-based visas?

The EB-3 ROW Green Card is an employment-based visa for skilled, unskilled, and professional workers, while other visas, such as the EB-1 and EB-2, are for priority workers and advanced degree holders.

Can I apply for the EB-3 ROW Green Card if I am already in the United States?

Yes, you can apply for the EB-3 ROW Green Card if you are already in the United States, but you must meet specific eligibility requirements and follow the adjustment of status process.

How long does it take to process the EB-3 ROW Green Card application?

The processing time for the EB-3 ROW Green Card can vary, but on average, it can take several months to a year for the labor certification, and an additional six to twelve months for the petition and Green Card application.

Can I bring my family with me to the United States on the EB-3 ROW Green Card?

Yes, you can sponsor your spouse and unmarried children under the age of 21 for Green Cards, but they must meet specific eligibility requirements and follow the application process.

Do I need to have a job offer to apply for the EB-3 ROW Green Card?

Yes, you must have a job offer from a US employer to apply for the EB-3 ROW Green Card, and the employer must obtain a labor certification and file a petition on your behalf.

Can I apply for US citizenship after receiving the EB-3 ROW Green Card?

Yes, you can apply for US citizenship after five years of being a Green Card holder, but you must meet specific eligibility requirements and follow the naturalization process.