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EB3 VISA IN THE USA FROM BANGLADESH

EB3 VISA IN THE USA FROM BANGLADESH

EB3 VISA IN THE USA FROM BANGLADESH

Every year tons and tons of Bangladeshi workers apply for this EB3 visa, with a lot of hope and prayers. If you are planning to do so, or want to know about how this visa works, and then keep reading, as this article has everything you need to know about EB3 visa in the USA from Bangladesh, it is your guide to it.

WHAT IS AN EB3 VISA?

EB3 is a visa preference category, specifically for the employment system in the United States of America. This visa provides permanent residencies which are based on employment. This visa is particularly for those groups of people who cannot apply for the EB1 and EB2 visas because they do not fulfill the given criteria.

This visa is a third priority worker visa, which only allows three that lets three types of workers to go to America and reside there permanently.

WHO IS THIS GROUP OF WORKERS? 

  • Firstly, they have to be skilled workers. They should at least have 2 years of job experience or training, preferably in the specific type of field.
  • if they are not skilled, they have to be professionals, and in order to prove that, they have to show their higher education degree or something whose value is equivalent to that, for example, a Bachelor’s Degree.
  • Lastly, comes the quota of unskilled workers. Workers who have work experience or training of fewer than 2 years fall in this category. They get the EW3 visa.

The important thing to know is that the number of EB3 visas that are issued every year is limited. A total of 140,000 immigrant visas are issued every year for the employment category on an average, and among them, 28.6% or around 40,040 visas are specifically allocated for the EB3 visas. Once this quota has been reached in a year, the rest of the applications are kept on hold, and they keep pending until the next year.

WHAT BENEFITS DO YOU GET IF YOU HAVE THE EB3 VISA? 

EB3 visas are very high in demand, so needless to say, it comes with a lot of benefits, as a result of which, it makes the VISA highly wanted. Let us have a look at these pros.

  • Firstly, this visa lets foreign workers go to the United States of America and live there permanently like normal citizens.
  • These workers can work without having to get an Employment Authorization Document (EAD).
  • Once they have worked for the first job for a few years, they can switch their employers, and the job position as well. However, they can also change their jobs if they like.
  • When you go to America with an EB3 visa, you can have a green card too after a specific period of time. After that, you can live there like a normal US citizen, and are required to pay all the taxes that might be applicable to you according to your status.
  • As said before, you can live like a normal American citizen, thus you can live in a different state in the United States of America rather than the one you first moved to.
  • You can also visit and travel outside of states in the United States of America and can travel overseas, outside the country too.

WHO CAN APPLY FOR THE EB3 VISA?  

As this visa comes with a lot of benefits and has a strict number of applicants that get approved every year, applying for this VISA and the approval requires a lot of paperwork and a list of things you need to prove or guarantee.

  • To begin with, you have to prove that you have a valid and permanent job offer from an employer in the United States of America.
  • Simultaneously, you also have to prove that you are qualified enough to meet the job requirements, and last long in the job.

The employer who has offered you the job has a few things to prove as well in order to qualify as someone who is eligible for sponsoring a foreign worker on an EB3 visa.

  • He or she has to prove that there was no American qualified for this job, and in this case, the worker has to be Bangladeshi.
  • They also need to prove that they have the financial stability required to pay you properly and can sponsor you as well.

HOW DO YOU APPLY FOR THE EB3 VISA? 

When you go applying for an EB3 visa, it has multiple steps, which require the coordination of both the employers and the foreign employee as well. This process has two parts, and for your ease it has been explained in simple words, given below.

  • First, the US employer has to obtain the labor certification, and then he has to file all of the required petitions.
  • After that, you need to wait for the approval. If it has been approved, then the employee has to apply for the EW3 visa in the embassy of the United States of America.

WHAT ARE THE EB3 VISA APPLICATION PROCEDURES FROM THE US EMPLOYER? 

GETTING THE CERTIFICATION OF LABOR

One of the requirements of the employer over the United States of America is to prove the fact that there was not any US citizen who was available or applicable for this particular job. Only once you have done that, you can proceed with the further requirements and details.

This can be done by getting the required certificate from the US department of labor. In addition to maintaining the workers. Safety and dignity, the employer has to furthermore prove that there will be no discrimination or shaming based on race, color, or other things.

By filing this specific form, the employer is stating that there were no available native applicants who were willing or qualified for this particular job position and thus, the workers have to be immigrated from a different country, and in this case from Bangladesh. They are also stating that the employers will be able to pay the wage for the specific job timely and accordingly.

This application will be the process by the Department of Labor in the United States of America, and once a decision has been made, the employer and worker will be informed.

Once it has been approved, the employer will get the labor certification, but if it gets denied, then he or she will not be able to hire the employer and has to be applied again to the DOL.

THE FILING OF THE PETITION

For the employer to get the final approval that will let them hire the foreign employee, the employer has to give a petition to the US citizenship and Immigration services. This has been mandated.

The employers can do this by filing the specific kind of required form to the USCIS. USCIS will need the employer to attach the other financial documents that support the main application. These documents include statements, audits, tax returns, and other important paperwork that will allow the superiors to evaluate properly and decide whether or, not the employers are eligible for paying the foreign worker that they are hiring and whether they can afford additional employees.

This petition is further evaluated by the USCIS and makes a decision of whether or not to approve it. By any chance, if it gets denied, then the US employer cannot hire her or him and has to file the petition again. If the petition gets approved, then it goes straight to the National Visa Center.

The National Visa Center then sends a certain package to the respective foreign worker in any of the categories. This package will consist of the case number and the invoice ID number which will be used by the foreign workers while they apply furtherly. This package will also contain a series of detailed instructions on how they should apply. Basically a series of steps that help them with the process of application.

However, as mentioned before, there is a limit to the number of visas that get approved, the national visa center will only send this parcel to the worker when there is a vacancy, and the priority date of the foreign worker is in the very near future.

WHAT ARE THE EB3 APPLICATION PROCEDURES FOR THE FOREIGN WORKER? 

FILING OF THE DORM DS-261, THE CHOICE OF ADDRESS, AND THE AGENT 

This is a crucial, online form that has to be filled by the designated worker foreign worker. Each and every section has to be filled in carefully. This particular form works as a visa application for the foreign worker to the embassy of the United States of America is the country they reside in.

When you have filled and submitted the form, you will be returned with a confirmation page. Then, you have to fill the requirements of this page and go to the National Visa Center with this confirmation page, along with the other paperwork and supportive documents that they might require. You will send or submit all of these important documents together to the NVC.

THE COMPLETION OF THE MEDICAL EXAMINATION AND THE VACCINATION

Each country has its respective health requirements, and in order for you to go to that country with the intention of getting settled there, the first and foremost thing that you have to do is abide by those health and safety guidelines. And in order to do that, you have to go through the NVC package that has been mentioned before. This package will have a list of all the requirements, for example, all the checks that have to be done, and the vaccinations that have to be taken, if you do not already have done that. You have to get your appointment with a licensed doctor, and then tick off all these requirements from the list. You also should have to bear the proof that you have done the necessary things, so in this case, you have to provide them with the required medical slips.

COMPILATION OF THE SUPPORTING DOCUMENTS FILE OF THE EB3 VISA

After you get your approval from the NVC about your DS-261 form, you have to send all the other supporting documents that will help your case.

WHAT ARE THESE DOCUMENTS? 

The documents that you need are listed below:

  1. Your passport and you have to make sure that it will be valid for six more months, from the start of the day you land in the United States of America.
  2. The employment offer that you will receive from the employer in America.
  3. The approved labor certification that your employer received,
  4. The petition, which has been approved too.
  5. The DS-261 confirmation page that you received.
  6. The signed medical and vaccination documents that you received from your verified doctor once you got them done.
  7. Two photographs of yours that match with the requirements of the United States of America VISA photo guidelines.
  8. The academic achievements that you have. For example, your diplomas and certificates.
  9. Your CV or your resume, anyone will do.
  10. The court and criminal records that will help you prove whether or not you have been a good and responsible citizen.
  11. These are the generic documents, but apart from these, the National Visa Center might require a few other documents too which will solely depend on your case.

ATTENDING THE VISA INTERVIEW 

After your documents have been reviewed by the NVC, they will schedule an interview with you and ask you to come on the given date. This will be held at the American Embassy in Bangladesh. This is a given that you have to attend this interview at the scheduled time, or else things are more than likely to backfire. In this meeting or interview, the official from the United States of America Embassy will sit with you and skim through your background and the documents that you have provided them with. On the basis of this, a decision will be made on whether or not you are worthy of the EB3 visa.

RECEIVE THE NATIONAL VISA CENTER PACKAGE AND TRAVEL TO THE USA 

Once, you have attended the interview and your visa has been approved, you will, yet again, get a package from the NVC, but you cannot and shall not open this parcel, no matter what. This parcel will go with you when you travel to the United States of America, and there, you need to hand this parcel over to an official from the immigration in the airport of your entry. They are the only people who can open this parcel, and this package carries your last verdict, as based on this, they will decide, whether or not, you can enter the land of the United States of America or not. So, handle this parcel carefully, and do not open it at any cost, or else you surely have to pay for it.

WHAT ARE THE EB3 VISA FEES AND WHO HAS TO PAY WHAT PROPORTION?

There are a number of fees that you have to pay in order to get the EB3 visa. These payments are required during the process and have to be paid by both the employer and the employee respectively.

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To start with, the employer has to pay the DOL Labor certification fee and the UDCIS form I-140 petition filing fee. The other fees such as the DS-261 form processing fee, the medical examination, and vaccination fees are paid by the employee, that is, you. you also have to pay the fees required to get your hands on the other supporting documents, and any translation fee that will help you translate from a foreign language to English, if you require that.

HOW LONG WILL IT TAKE TO PROCESS THE EB3 GREEN CARD?

As stated in this article before, that you will get a green card, once you have reached America with the help of the EB3 VISA. This processing time keeps varying and can take a minimum of 1 year, but you might also have to wait for 3 years to 6 years for your green card to be given to you. Unfortunately, it might take even more too. This is due to the fact that the number of visas that get approved is limited for every year, and thus the processing time can be excruciatingly long at times, but if you are in luck, you will get it soon enough. And, if you fall within the yearly limit, then your visa will be processed within just a few months too.

CAN YOU GET ACCESS TO AMERICAN HEALTHCARE WHEN YOU HAVE AN EB3 VISA?

Yes, when you go to the United States of America with the help of the EB3 visa, you will have access to American healthcare and other benefits, but it is to be noted that medical treatment and other hospital-related facilities cost a fortune in the United States of America. It is one of the highest in the world.

For example, the treatment of a broken limb will cost around 2.5K dollars, while if you stay in any hospital in America, it will cost you around 10,000 US dollars, which is almost 9 lac in Bangladeshi currency.

So, while picking up an immigrant health insurance plan for yourself, you have to be wise, and you always have to keep the facts mentioned above in mind. These will help you chose an insurance plan that will do both, cover your needs and keep you safe, and also make sure it is light on your wallet and you do not go broke.

CAN YOU BRING YOUR FAMILY, FOR EXAMPLE, YOUR SPOUSE AND CHILDREN TO THE UNITED STATES OF AMERICA WITH AN EB3 VISA?

If you get qualified for the EB3 visa, then your spouse and your children can accompany you to the United States of America, but these children can only go if they are under 21 and if they are unmarried. If you fall in the criteria of the skilled and professional workers then your spouse can apply for the E-34 visa whereas your kid suffices for the E-35 visa type.

If you fall in the criteria of the unskilled workers, then your spouse has to apply for the EW-4 visa, while simultaneously your children have to apply for the EW-5 visa, in order for them to go to the United States of America with you.

Along with these visas, the spouse can furthermore apply for the Employment Authorization Document (EAD). This will help him or her work in the United States of America after the approval has been given.

This is a very helpful step that comes with a lot of benefits in the future, as this application opens up the doors for a second income in the family. In a foreign country, it gets very hard to manage things if there is a financial problem, so if you follow this step, it will help you and your family ignore issues as such.

If you have read the article this far, then you know all the information you need to know about applying for an EB3 visa. Applying for a visa as such will cost you a minimum of 700 US dollars, and can extend to 1100 US dollars as well.

You should make a rough budget, and allocate yourself a good amount if you are planning to apply for this VISA. This expenditure plan will be better if it can cover you for a month or two once you have reached America, as it will help you settle down too.

However, there are other employment-based immigrant visas as well which have different and varied categories, so if you for do not fit in the EB3 categories, you should go check the other out. These visa types have quotas for professors, researchers, educational personnel, and creative people as well. the list is endless.

Thus, there is a little bit of something for everyone, and if you are determined to get employment-based visa to America, you will find your way out too. To know about the other types of VISA, you should go and check the other articles on our website like the F1 visa and its importance.

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Disclaimer: This blog is just for information purpose only. Not legal advice. Talk to your designated officer or lawyer if you have a question.

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