Short term fix might be applied to the non professional employees visiting to the US

October 23, 2015
In the US, the employment immigration has been divided into five categories which is called as Preferences and that are based on the requirement of the employer for the skills, education and knowledge and some of the categories are having more strict and accurate standards than the others.

There might be short term fix for the non professional workers visiting the US

One of the five immigrant visa categories for the US job based permanent residency is the EB-3 Visa. The criteria for the EB-3 visa is less accurate than the other categories, and unlike them EB-3 needs a sponsoring employer. The wait has been reduced for the people from China, India, and the Philippines. Now on the average, the priority date of the EB-3 visa takes few months for becoming the current.  The Visa Bulletin is issued every month but for the people of China, India, and the Philippines it a lengthy wait due to the pool of candidates is higher, and every nation has been allocated a percentage of the visas.

Congress had set the quota for the preference categories of the immigrant visa for the US job based PR.  The latest cap for the universal job based preference is 1,40,000. The category of EB-3 is limited to 28.6% of the level across the whole world.

The EB-3 PR starts with getting the labor certification from the Labor Department of the US. The applicant does not get the admission unless the Labor Secretary certifies to State Secretary and the Attorney General that there are less number of people who seek and who are qualified, and they are available at the time of the visa application. The job of such foreigner would not affect the working conditions and the wages in the US similarly employed.

This EB-3 visa has three subcategories that include the skilled worker, professionals and the workers. The USCIS needs the professional who possess a US degree or foreign degree and its demonstration ability that the degree is the normal need for entering into the job.

USCIS needs a skilled worker for demonstrating a minimum of two years job experience or training, and the job needs a minimum of two-year experience or training. And finally other workers needs the applicant to be competent at the petition time is filed by the sponsoring employer and it is no longer a temporary or seasonal nature, for which the qualified workers are not available in the US.

In the final step the process of the PR depends on whether the applicant is filing for the adjustment of the Status or departing through the process from the consular.

The quota for the EB-3 visa gets delayed from two ten year period of time.  For the professional workers the H-1 status for the non immigrant is available for allowing the foreign people to work while waiting for the quota to current. The nonprofessional workers like the skilled and semi skilled workers does not have the H-1 option so in many cases the refusal from the employer is to initiate that the process of actual job of the overseas national cannot start for the minimum of three years and in many cases for much longer period of time. And the possible exception where the worker has PR or the US citizen spouse or parent, the overseas national can’t even get the PR this way until they reside out of the nation for a minimum period of ten years.

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