Adjustment of Status from F1 Visa to EB-3

The Adjustment of Status process involves shifting from a nonimmigrant status, such as F1 (student visa), to an employment-based immigrant status, specifically the EB-3 visa category. As an F1 visa holder, you may have completed your studies and are now ready to embark on a new chapter in your professional journey.

Adjustment of status application process


EB-3 Visa

To pursue AOS as an F1 visa holder through employment, the following general steps need to be followed:

Labor Certification: The employer sponsoring the F1 visa holder may need to obtain a labor certification from the Department of Labor (DOL). This step is typically required for most employment-based green card categories.

Form I-140: Once the labor certification is obtained, the employer must file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This form establishes the eligibility of the F1 visa holder for the employment-based green card category.

Form I-485: The F1 visa holder, along with their employer's support, files Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form is used to formally request AOS and includes personal information, biometrics, and supporting documents such as medical examination results, financial information, and other required forms and fees.

Biometrics Appointment and Interview: The F1 visa holder will typically be scheduled for a biometrics appointment to provide fingerprints, photographs, and other biographical information. USCIS may also require the F1 visa holder to attend an interview to assess their eligibility for AOS.

Approval and Green Card: If the AOS application is approved, the F1 visa holder will be granted permanent residency and receive a green card, which serves as proof of their lawful permanent resident status.

Important Considerations


Priority Date: The filing of Form I-140 establishes a priority date for the F1 visa holder. The priority date is important because it determines the place in line for an available immigrant visa number in the employment-based preference category.

Visa Availability: The F1 visa holder must wait until an immigrant visa number becomes available for their specific employment-based category and priority date. The availability of immigrant visa numbers is determined by the Visa Bulletin published monthly by the Department of State. Once the priority date becomes current, the F1 visa holder can proceed with the AOS application.

Supporting Documentation: The F1 visa holder needs to submit various supporting documents, such as a copy of the approved Form I-140, employment verification letters, educational degrees, passports, and other relevant evidence to establish eligibility for the employment-based green card.

It is important to note that the process and requirements for AOS through employment can vary depending on the specific employment-based category and the individual circumstances of the F1 visa holder. Consulting with an immigration attorney or seeking professional guidance is highly recommended to navigate the AOS process successfully.

How to apply

The specifics of your Adjustment of Status application process may vary based on factors such as field and level of your education, job experience, current place of residence and other relavant factors.

Our proficient legal team, specializing in employment-based processing, will guide you through every step of the process, starting from the initial assessment and gathering all the required documents to obtaining the Green card and completing the final entry to the USA.


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Employment Based Visa
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EB-2 National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a sought-after pathway for individuals aiming to obtain a U.S. green card without the constraints of a specific job offer or labor certification. This unique immigration option under the EB-2 category provides professionals with the opportunity to showcase their expertise and contributions to fields that significantly benefit the national interest of the United States. Understanding the filing process is crucial for a smooth and successful journey through the NIW application.

EB2 (NIW) application process


EB-3 Visa

Eligibility Assessment: Before diving into the NIW filing process, applicants should assess their eligibility. Typically, individuals with advanced degrees or exceptional abilities in fields such as science, research, business, education, or healthcare are well-suited for this category.

Documenting Qualifications: The heart of the NIW application lies in presenting a comprehensive documentation of qualifications. This includes educational achievements, professional experience, publications, awards, and any other evidence that highlights the applicant's expertise and exceptional abilities.

Defining National Interest: A key aspect of the NIW is demonstrating how the applicant's work serves the national interest of the United States. This may involve showcasing the impact of their contributions, innovations, or research in fields that are crucial for the country's development.

Preparing Form I-140: The NIW application involves filing Form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form requires detailed information about the applicant, including employment history, educational background, and a thorough presentation of the national interest aspect.

Compiling Supporting Documents: Alongside Form I-140, applicants must submit a robust set of supporting documents. This may include recommendation letters, academic transcripts, professional achievements, and any additional evidence that bolsters the case for the applicant's exceptional abilities and contributions.

Demonstrating Impact in the Field: Providing evidence of the impact of the applicant's work in their field is crucial. Whether through citations, testimonials, or recognition from peers and institutions, showcasing the tangible results of their contributions adds weight to the NIW application.


EB2 (NIW) Filing Fees and Processing Times:

Applicants should be aware of the filing fees associated with Form I-140 and stay informed about the current USCIS processing times. Understanding these aspects helps in planning and managing expectations throughout the application process.

Successful application filing

Navigating the NIW filing process requires meticulous attention to detail and a strategic presentation of one's qualifications and contributions. By effectively showcasing the national interest aspect and providing compelling evidence of exceptional abilities, individuals can pave the way for a successful NIW application and take a significant step toward securing permanent residency in the United States. Seeking guidance from immigration professionals can further enhance the chances of a seamless immigration journey through the NIW program.

How to apply

The specifics of your EB-2 (NIW) application process may vary based on factors such as field and level of your education, job experience, current place of residence and other relavant factors.

Our proficient legal team, specializing in employment-based processing, will guide you through every step of the process, starting from the initial assessment and gathering all the required documents to obtaining the Green card and completing the final entry to the USA.


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Employment Based Visa
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Adjustment of Status

Adjustment of Status (AOS) through employment refers to the process of transitioning from a temporary U.S. visa (F1) to permanent residency (green card) based on employment sponsorship while already in the United States.

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EB-3 Visa Process for Unskilled Workers

The EB-3 visa is a category of employment-based immigration visa for the United States. The "other workers" category of EB-3 visa is intended for unskilled workers, also known as "other workers," who are able to perform labor that is not of a professional or highly skilled nature. This category is intended for workers whose jobs require less than two years of training or experience.


EB-3 Visa

Application process in-depth

The first step in obtaining an EB-3 visa is to obtain a job offer from a U.S. employer. The employer must be willing to sponsor the foreign worker for the EB-3 visa. The job offer must be for a full-time, permanent position and must meet the requirements for unskilled labor.

The second step in the process is for the employer to file a labor certification application with the Department of Labor (DOL). This application is required to demonstrate that there are no qualified U.S. workers available for the job and that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Once the labor certification is approved, the employer can then file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). This petition must include all necessary supporting documents, including the labor certification, and a detailed job description. The USCIS will review the petition to ensure that all requirements are met.

After the immigrant petition is approved, the foreign worker must then attend consular processing at the U.S. Embassy or Consulate in their home country. This includes an interview, medical examination, and various background and security checks. The purpose of this step is to ensure that the foreign worker is eligible for the EB-3 visa and that there are no security or health concerns that would prevent the issuance of the visa.

If the visa is approved, the foreign worker can then enter the United States and begin working for the employer. The EB-3 visa is a permanent visa and the foreign worker would be granted a Green Card (Permanent residency) and ultimatly the U.S. citizenship.


Processing time

The processing time for an EB-3 visa as an unskilled worker can vary depending on several factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Embassy or Consulate where the visa application is being processed. In general, the processing time for an EB-3 visa can range from several months to several years.

One factor that can impact the processing time for an EB-3 visa is the demand for visas in the category. The EB-3 category is subject to annual numerical limits, and if the demand for visas in the category exceeds the available visas, there may be a backlog. In this case, the processing time may be longer, and the foreign worker may need to wait for an available visa.

Another factor that can impact the processing time for an EB-3 visa is the complexity of the case. If the foreign worker has a criminal history, has been inadmissible to the United States in the past, or has other complicating factors, the processing time may be longer. In these cases, the USCIS or the U.S. Embassy or Consulate may require additional time to conduct security and background checks.

In addition, the processing time for the labor certification application with the Department of Labor (DOL) can also impact the overall processing time for the EB-3 visa. The DOL must review the labor certification application to ensure that all requirements are met and that there are no qualified U.S. workers available for the job. If the DOL requires additional information or clarification, the processing time may be longer.


EB-3 application filing

obtaining an EB-3 visa as an unskilled worker is a multi-step process that requires careful attention to detail and a thorough understanding of the requirements. The process can be complex and time-consuming, and it is highly recommended to retain an experienced legal team to assist with the process. An experienced legal team can help to ensure that all required documentation is properly completed and submitted, and can provide guidance on any potential issues that may arise during the process. With the help of an experienced legal team, the process of obtaining an EB-3 visa as an unskilled worker can be a smooth and successful experience.

The EB-3 visa process is a multi-step process, starting with the employer filing the labor certification application, followed by the immigrant petition, and finally consular processing. The employer is responsible for filing the labor certification application, while the foreign worker is responsible for the consular processing. The employer must also support the foreign workers immigrant petition, and the foreign worker must attend the consular processing interview.

Retaining an experienced legal team is extremely important when navigating the EB-3 visa process. The process can be complex and time-consuming, and an experienced legal team can help ensure that all required documentation is properly completed and submitted. They can also advise the employer and worker on any potential issues that may arise during the process and help to resolve them.

An experienced legal team can also help to ensure that the employer and worker are in compliance with all relevant laws and regulations, which can avoid costly delays or denials. They can also provide guidance on the best strategies for successfully obtaining the visa and can help to prepare the worker for the consular interview.

How to apply

The specifics of your EB-3 application process may vary based on factors such as field and level of your education, job experience, current place of residence and other relavant factors.

Our proficient legal team, specializing in employment-based processing, will guide you through every step of the process, starting from the initial assessment and gathering all the required documents to obtaining the Green card and completing the final entry to the USA.


Start your process
Employment Based Visa
Read more...

U.S. Employment-Based Visas

 

There are several types of visas that allow you to come to the US and work. Your education, skills and experience are some of the things used to determine who is eligible for an employment-based visa. One type, you may qualify for, is an EB-3 visa.

An EB3 visa is an employment-based, category of visa issued to foreign national employees to work in the United States. These employees enter the United States with a green card as skilled or professional workers. They fill jobs when an American employee is unavailable.

The EB3 visa category allows U.S. employers to hire a foreign national through green card sponsorship when American workers are unavailable. The Department of Labor (DOL) requires the employer to test the labor market before submitting a petition with USCIS. This process is commonly known as “PERM process” or Labor Certification. Once the employer goes through the PERM process, the DOL issues a Labor Certification. A labor certification means that the employer tried to recruit an American, but was unable to find a willing and available worker. The employer can then petition the foreign employee for a green card. The employee and their family will obtain the green card (permanent residence in U.S.). The green card allows the employee to have work authorization and social security number. The green card expires in ten years and can be renewed indefinitely. Therefore, the employer will have a permanent worker indefinitely.

Who is Eligible for an EB-3 Visa?

You must fall into one of three categories to qualify. A skilled worker, professional or unskilled worker. Here is an explanation of the three categories.

  • Skilled Worker. You must be able to prove that you have at least two years of job experience or training (some post-secondary education may qualify as training). You must be performing work for which qualified workers are not available in the US. A labor certification and permanent, full-time job offer are required.
  • Professional. You must be able to prove that you have a US bachelor’s degree or an equivalent degree in the related field. You must be performing work for which qualified workers are not available in the US. If you have work experience and a degree, but not a bachelor’s degree, it will not count. A labor certification and permanent, full-time job offer are required.
  • Unskilled Worker. You must be capable of performing unskilled labor that is not temporary (or seasonal,) for which qualified workers are not available in the US. A labor certification and permanent, full-time job offer are required.

How Do I Apply For an EB-3 Visa?

Your employer must file Form I-140, which is an immigration petition. The employer must prove to the United States Citizenship and Immigration Services (USCIS) office that they will be able to pay you the offered wage. They must pay you that wage until you are able to get permanent resident status. To petition on your behalf, the employer must complete the following. Obtain an approved application for Permanent Labor Certification from the US Department of Labor (If required for the specific visa category.) Complete the Form I-140. Submit the Filing Fee(s). Submit evidence. Sign and file the Form I-140. Once the USCIS receives the Form I-140, the petition will be processed and then the employer will get confirmation that it was received. The employer will also be notified of a decision.

What Are the Next Steps to Getting an Eb-3 Visa?

PERM/Labor Certification. This stands for “Program for Electronic Review Management.” Your employer will need to show proof that you are not taking away a job from a US worker. This can be accomplished by showing proof that the employer was unable to recruit someone local to fill the position (like a newspaper ad in the classified section.) I-140 Immigration Petition. This is filed by the employer and proves they are able to pay your wage. It also proves that you meet all the job requirements. Waiting for your priority date. After the I-140 petition is approved, you have to wait until a visa is available. This is based on the date the labor certification was filed. I-485 Application to Adjust Status. After the previous two steps are complete, the last step is to apply to become a permanent resident of the US. You can do this by filling our Form I-485.

How Long Does It Take to Get an EB-3 Visa?

On average, it takes six months to process Form I-140. If the US government requires that you go through PERM Labor Certification, it can take longer. In some cases, it can take up to two years. The good news is, you can speed up the process with premium processing. The fee is $1,225 but instead of six months to process the I-140, it will take 15 days. You may also have to wait a few months to get your priority date. Form I-485 can take six months or longer to get approved. It’s clear that this process can be very long. A lot depends on your eligibility and the country you are applying from.

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