1. WHAT IS THE EB-3 VISA PROGRAM?

• The EB-3 visa program is a U.S. employment-based immigration category for skilled, unskilled, and professional workers seeking permanent residency. It requires a sponsoring employer and involves a labor certification process to demonstrate a lack of qualified U.S. workers for the position. The program offers a pathway to permanent residency and, ultimately, citizenship.

​

2. WHAT IS THE EB-3 VISA REQUIREMENT?

• Candidates need U.S. employer sponsorship, with the employer undergoing a labor certification process to show a lack of qualified U.S. workers. This is a prerequisite for the employee to start the immigrant visa application process.

• The sponsoring company must show a local shortage of unskilled labor. Once approved by the U.S. Labor Department and USCIS, the EB-3 process can advance with potential foreign applicants, guided by the company's hired immigration attorney.

​

3. WHO IS ELIGIBLE TO QUALIFY?​

  

• EB-3B -Unskilled Workers (Other Workers) category does not need any specific skills, degrees, or prior experience.

• Applicants can include their spouse and children under 21 in their EB-3 application.

• The primary applicant can secure a green card for every member of their family.

• Individuals aged 18 and older with legal status in the United States.

​

4. WHO IS NOT ELIGIBLE TO QUALIFY?

​  

• Citizens of China, India, Laos, and Russia, and citizens from Communist countries may experience delays in the immigration process due to backlog and/or political considerations.

• Those with expired visas or illegal immigrant statuses are ineligible for qualification.

• Individuals with a criminal history, whether in the United States or their home country, are not eligible for qualification.

​

5. IS IT POSSIBLE FOR MY ENTIRE FAMILY TO SUBMIT AN APPLICATION?

• Certainly, your spouse and unmarried children under 21 years old can apply, with each additional government fee applicable.

​

6. WHAT EB-3 OPTIONS DOES NEWLAND ACCESS HAVE FOR JOB OPENINGS?

• Currently, we have hundreds of job openings for Homecare Senior Caregivers and unskilled positions in food processing.​

• Caregivers work in the home, assisting clients with daily activities such as bathing, grooming, feeding, and managing medication. They may also perform some housework. Caregivers facilitate clients in making and attending appointments, arrange transportation, and offer companionship. However, this role requires basic English skills for effective communication with both the employer and clients.​

• Food processing workers typically operate on fast-moving production lines where food moves along conveyor belts through various stages, including mixing, cooking, and packing. They may handle frozen, canned, baked, dried, or pasteurized products.

​

7. WHAT WILL BE THE PAY RATE OR BENEFITS FROM MY EMPLOYER?

  

• The EB-3 'Other Workers' program is designed for unskilled jobs that are easy to be trained for.

  Each employer has a unique job description and pay rate determined by the prevailing wage in each location. This is determined by the Department of Labor (DOL).

• Each employer will provide a full-time job and issue a W-2 form with the assigned job and duties.

• It is your responsibility to inquire about benefits and vacation policies from your employer during a job interview.

​

8. WHO IS NEWLAND WAY, AND WHAT IS THEIR ROLE?

• Newland Group ensures seamless communication among the applicant, immigration attorney, and employer.

• Newland Group will not provide legal consulting services for the EB-3 Program.

• Newland Group will offer basic local settlement services before and after employees commence their work.

​

9. WHAT ROLE DOES THE EMPLOYER PLAY IN THE PROCESS?

• Your employer will take care of tasks such as posting job openings, advertising positions, conducting job interviews, and hiring local labor resources as much as possible.

• If the employer continues to face a shortage of local labor resources, they will review your resume and conduct a job interview. Following this, you will receive a notification regarding the outcome of the interview.

• The employer will offer a full-time permanent job, complete with company benefits and job training.

• The employer will oversee the entire EB-3 process through the immigration law firm.

  

10. WHO IS GOING TO PROCESS THE EB-3 PROGRAM?

• The EB-3 program will be processed by a 20-year experienced immigration law firm with a 99% success rate.

• I-140 / The USCIS process for an alien seeking permanent work status in the U.S.  

• DS-260 / Consular Processing (CP) for foreign applicants who have no visa yet.

• ​I-485 / The application for adjusting status to register for permanent residence who has a visa already.

• I-765 / The application for requesting an Employment Authorization Document (EAD).

​

11. WHAT IS THE EXPECTED DURATION?

• The processing time for the EB-3 program can fluctuate, influenced by factors like visa category, country of origin,  and individual circumstances.

• The typical processing time for domestic applicants is approximately 24-42 months on average.

• However, it's important to note that the process may extend beyond the average timeframe due to the immigration backlog.

• If the applicant is already in the USA, they must maintain their legal visa status throughout their stay in the country.

​

12. WHAT THE GENERAL OUTLINE OF THE EB-3 PROGRESS?

  A. Job Offer and Labor Certification (PERM):

• The employer obtains labor certification from the U.S. Department of Labor (DOL) to demonstrate a shortage of qualified U.S. workers.

• A job offer is extended to the foreign employee.

 

  B. Filing Immigrant Petition (I-140):

• The employer submits Form I-140 to USCIS after obtaining approval for the labor certification.

​

  C. Waiting for Visa Availability:

• The foreign worker waits for an available visa number in the EB-3B employment-based "Other Worker" category.

​

  D. Adjustment of Status (I-485) or Consular Processing (DS-260):

• Upon the availability of a visa number, the foreign worker can either adjust their status if already in the U.S. or undergo consular processing if outside the country.

​

  E. Apply (I-765) for Employment Authorization (EAD) for US Visa Holder:

• Individuals eligible to file Form I-765 include those holding certain nonimmigrant visa categories (such as F-1, M-1, J-2, etc.) or individuals with pending or approved applications for adjustment of status (green card applicants).

​

  D. Green Card Approval:

• USCIS approves the adjustment of status or the U.S. Embassy grants an immigrant visa, leading to permanent residency (green card) for the foreign worker.

​

• It's important to note that processing times are subject to variation and can be influenced by changes in immigration policies and other administrative factors. Staying informed through the U.S. Citizenship and Immigration Services (USCIS) or seeking guidance from an immigration professional is advisable for the latest and most accurate information.

​

13. IS THERE A FEE FOR APPLYING TO THE EB-3 PROGRAM?

• Yes, The application process for the EB-3 program may involve various costs, including legal representation fees, and other related expenses. 

• If you meet the qualifications, our agent will notify you about the fee details.

•  Additionally, the applicant is responsible for all government fees associated with the immigration process, as outlined below USCIS Government website links:

• I-140 Filing Fee: $700 per case

• Premium Processing Fee: $2,500 per case

• I-485 Filing Fee: $750 (Under 14 years old) / $1.140 (15-79 years old) per person

• DS-260 Filing Fee : $345 per person

• USCIS Office at the Airport Entry Fee: $220 per person

• Government fees are subject to change without notice. Go to the USCIS website to check the updated fees

  

14. IS THERE ANY USEFUL WEBSITES TO LEARN ABOUT THE EB-3 PROCESS? 

​

• The Visa Bulletin

• USCIS EB-3 Information

• I-140 Immigrant Petition

• I-485 for Adjust Status

• I-765 for Employment Authorization (EAD)

• DS-260 for Immigrant Visa and Alien Registration Application

• Visa Interview

• Permanent Labor Certification