Employment-Based Immigrant Visas Immigration Law

Employment-Based Immigrant Visas Legal Issues

Employment-Based Immigrant Visa - Professionals and Other Workers (E3, EW3)

Many foreigners choose to move to the United States to work and live, and some are required by their employees to move to the U.S. to work and live. However, one must get an employment-based immigrant visa in order to be allowed to work here in the States. These visas are divided into five preference categories, and all must be petitioned for by a U.S. company or employer. The prospective employer or agent would first get a labor certification approval from the US Department of Labor, and then would file an Immigrant Petition for Alien Worker (Form I-140) with the USCIS (those in the employment first preference category may be able to file this petition themselves).

The third preference category of employment-based immigrant visas is specifically for professionals and other workers. These E3 visas and EW3 visas are for:

  • Skilled Workers, who must have two years or more of training or work experience for their particular job
  • Professionals, whose job or career requires them to have a Bachelor's degree from a U.S. university or an equivalent degree from a foreign university
  • Unskilled or Other Workers, who fit the requirements of jobs that only need less than two years of relevant experience or training

Spouses and unmarried minor children of professionals and other workers with an E3 or EW3 visa may also be eligible to receive an immigrant visa to live in the United States.

Legal Considerations of E3 and EW3 Visas:

Each year, the U.S. only allots approximately 140,000 employment-based immigrant visas to qualified foreign applicants. That means that these visas are limited, and thus difficult to obtain with so many immigrants wishing to live and work in the U.S. Once the allotted amount of E3 visas and EW3 visas are given out, all other applicants will be placed on a wait list, which could take up to several years to get through. In addition to the numerical limitations, these visas are also difficult to obtain because of the strict requirements that accompany them. Many U.S. companies prefer to hire U.S. citizens so that they do not have to file a visa petition. The visa process can be expensive and it requires many documents, records, interviews, etc, in order to successfully be granted one of the highly sought-after employment-based E3 visas and EW3 visas.

What an Immigration Lawyer can do for you:

An immigration lawyer can help you through the employment-based immigrant visa process so that you can easily transition to the United States for your work. Immigration attorneys with employment-based visa experience can help you determine which employment preference category you fit in to and if an E3 visa or a EW3 visa is right for you. Your immigration attorney will then work with your employer or potential employer to ensure all steps in the visa application process are followed accurately, quickly, and smoothly. If your application is rejected, wait listed, or any other issue arises, an immigration attorney can help you get back on track to receiving your E3 visa or EW3 visa for professionals and other workers.

Lawyer Referral Service:

Attorney Search Network can refer you to a panel member attorney with experience in E3 and EW3 visas for Professionals and Other Workers. Get a pre-screened experienced employment-based immigration visa lawyer referral today.

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If you have any questions about the information provided above, please contact Attorney Search Network.