The EB-3 visa is available to

  • professionals with a baccalaureate degree who do not qualify for a higher preference category
  • skilled workers with a minimum of two years training and experience
  • other workers with less than two years' training or experience
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Only a limited number of EB category visas are authorized world-wide each year. These are distributed by statutory formula. Each country gets a limited number of available visas in a preference category. Any requests which are not filled in one year roll over to the next. Thus, for some countries a EB visa in a particular preference category may be available without any delay while in others it entail many years' wait. A visa must be immediately available to an applicant before a consular interview can be scheduled for someone outside the US or an adjustment of status petition approved for someone inside the US. Thus, in unlucky situations, many years may pass between the time an EB visa is approved by the USCIS, and a visa is actually available for entry purposes, during which time the beneficiary cannot take advantage of the visa authorization, although for certain visas like the H-1B, additional H-1B extensions can often be obtained, even beyond the normal six year H-1B maximum stay, until an immigrant visa is finally available.

The first three EB categories relate to employment as it is ordinarily thought of, and for these, generally, the lower the EB category number, the more speedily a visa may become available for use.

The EB-4 category is reserved to special immigrant visas, which includes a number of unrelated groups such as certain Religious Workers, Broadcasters, Iraqi/Afghan Translators, Iraqis Who Have Assisted the United States, International Organization Employees, Physicians, Armed Forces Members, Panama Canal Zone Employees Retired NATO-6 employees, and Spouses and Children of Deceased NATO-6 employees, Generally, an I-360 approval is a prerequisite to the issuance of the immigrant visa.

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The EB-5 visa is reserved for large investments in the US that will generate jobs for US workers, and for that reason only, it is categorized along with other categories of employment for a green card, as the EB-5 beneficiaries themselves do not actually need to work.

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At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices (520) 512-5432 for professional Arizona immigration attorney assistance.