Welcome to our dedicated section on the EB-3A visa category tailored for nurses. The EB-3A visa presents a pathway for skilled nurses to pursue employment-based immigration to the United States, offering opportunities to contribute their expertise to the American healthcare system.
The EB-3 refers to the third preference category in the employment-based immigrant visa system of the United States. It is one of the several employment-based immigrant visa categories that allow foreign nationals to obtain lawful permanent residency (commonly known as a green card) based on their employment skills and qualifications.
EB-3 is specifically for skilled workers, professionals, and other workers. The category is divided into three subcategories:
Nursing typically falls under the EB-3A category, which is for skilled workers. Nurses usually have specialized training and experience, which qualifies them as skilled workers under this category.
Unlike some other employment-based immigration categories, the EB-3A category does not always require labor certification, especially if the occupation is listed under Schedule A or if the applicant can demonstrate that there are no qualified U.S. workers available for the job. This can streamline the immigration process for both the employer and the employee.
The EB-3A category provides a pathway for skilled workers to obtain lawful permanent residency (a green card) in the United States. This allows individuals and their families to live and work permanently in the U.S.
Individuals who obtain permanent residency through the EB-3A category can typically bring their spouse and unmarried children under the age of 21 to the United States as dependents. These family members are also eligible to apply for green cards and may eventually become U.S. citizens.
For the EB-3A category (skilled workers), premium processing is available for Form I-140, Immigrant Petition for Alien Worker. This means that employers or individuals sponsoring skilled workers for permanent residency through the EB-3A category can opt for premium processing to accelerate the adjudication of their Form I-140 petition.
EB-3A applicants require an employer in the United States to sponsor their immigration petition. This can limit the options available to applicants, as they must secure a job offer from a U.S. employer willing to sponsor their visa application.
The EB-3A category is subject to a high level of competition, as many skilled workers from around the world apply for limited visa slots. Meeting the eligibility criteria does not guarantee approval, and applicants must demonstrate that they possess the necessary qualifications and experience to qualify for the visa.
Due to annual visa quotas and high demand, there may be significant backlogs and waiting times for EB-3A applicants, particularly for individuals from countries with high levels of immigration to the United States. This can result in prolonged processing times and delays in obtaining permanent residency.
The employer must offer full-time permanent employment to the beneficiary.
The employment must be in one of the occupations categorized as a Schedule A occupation.
The employer must offer the beneficiary at least the prevailing wage.
The beneficiary must meet the specific USCIS eligibility requirements.
Labor certification or evidence that alien qualifies for Labor Market Information Pilot Program. Every petition under this classification must be accompanied by an individual labor certification from the Department of Labor, by an application for Schedule A designation, or by documentation to establish that the alien qualifies for one of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program. To apply for Schedule A designation or to establish that the alien's occupation is a shortage occupation with the Labor Market Pilot Program, a fully executed uncertified Form ETA-750 in duplicate must accompany the petition. The job offer portion of an individual labor certification, Schedule A application, or Pilot Program application for a professional must demonstrate that the job requires the minimum of a baccalaureate degree.
Skilled workers. If the petition is for a skilled worker, the petition must be accompanied by evidence that the alien meets the educational, training or experience, and any other requirements of the individual labor certification, meets the requirements for Schedule A designation, or meets the requirements for the Labor Market Information Pilot Program occupation designation. The minimum requirements for this classification are at least two years of training or experience.
The determination of whether a worker is a skilled or other worker will be based on the requirements of training and/or experience placed on the job by the prospective employer, as certified by the Department of Labor. In the case of a Schedule A occupation or a shortage occupation within the Labor Market Pilot Program, the petitioner will be required to establish to the director that the job is a skilled job, i.e., one which requires at least two years of training and/or experience.
If you have questions regarding this EB-3A process, you can schedule a call with us to get a proper assessment of your profile, have your specific questions answered and have a clear knowledge on what it takes to must meet the specific USCIS eligibility requirements.
Copyright ©2024 All rights reserved.
The EB-3 refers to the third preference category in the employment-based immigrant visa system of the United States. It is one of the several employment-based immigrant visa categories that allow foreign nationals to obtain lawful permanent residency (commonly known as a green card) based on their employment skills and qualifications.
EB-3 is specifically for skilled workers, professionals, and other workers. The category is divided into three subcategories:
Nursing typically falls under the EB-3A category, which is for skilled workers. Nurses usually have specialized training and experience, which qualifies them as skilled workers under this category.
USCIS defines a professional nurse as a person who applies the art and science of nursing which reflects comprehension of principles derived from the physical, biological, and behavioral sciences. Professional nursing generally includes making clinical judgments involving the observation, care and counsel of persons requiring nursing care; administering of medicines and treatments prescribed by the physician or dentist; and participation in the activities for the promotion of health and prevention of illness in others.
The minimum requirement for professional nursing occupations is generally less than a bachelor’s degree and these occupations are therefore considered under the skilled workers classification. However, the minimum requirement for certain advanced or specialized professional nursing occupations may be a bachelor’s degree.
There is a recognized shortage of nurses in the United States. Consequently, the U. S. Department of Labor (DOL) includes nursing professionals (Registered Nurses (RN), Licensed Practical Nurses (LPN), Licensed Vocational Nurses (LVN), Nurse Practitioners (NPs), Clinical Nurse Specialists (CNSs), and so on) under “Schedule A” which justifies the need for foreign workers.
For occupations listed under Schedule A, the labor certification process is either waived or streamlined. The labor certification process typically involves the employer demonstrating that they have attempted to recruit U.S. workers for the position and have not found qualified candidates.
However, it’s important to note that employers are still required to comply with applicable wage laws and regulations when hiring foreign workers. They must pay foreign workers at least the prevailing wage for the occupation in the geographic area where the work is performed, as determined by the DOL’s prevailing wage determinations. This ensures that hiring foreign workers does not undercut U.S. wages or labor standards.
So, while Schedule A expedites the process for certain occupations, it doesn’t exempt employers from paying competitive wages to foreign workers.