I have a question about Employment-Based Immigration: Third Preference EB-3. I have graduated California State University with Bachelor of Computer Science. I'm sure I can apply for EB-3 as Professionals if I can get the work certification. I know this visa has been while for limited countries such as Indian and Chinese citizen. However, I saw USCIS try to expand to all other countries.
One thing, I would like to know is that if USCIS start accepting application for EB-3 for all other countries yet?
Also Does Japanese Citizen qualify for the "All Chargeability Areas Except Those Listed"?
I see a status in USCIS's bulletin at "All Chargeability Areas Except Those Listed" category has been updated to 15FEB16 as 3rd preference.
Please refer : https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-may-2016.html
Japan does qualify under all chargeability. EB3 requires a sponsoring employer the current process: labor certification, I-140 petition, and green card processing takes about 2 years. if you are in the US you must maintain a legal status to receive a green card.
The EB-3 category is open to citizens of all countries. Japan qualifies under "all chargeability" countries.
"Green Card" through EB-3 is composes of 3 separate steps:
1. The employer applies for "labor certification" under PERM with the Dept. of Labor;
2. Once approved, has 6 months within which to file a Form I-140 immigrant petition on behalf of the foreign worker;
3. If the EB-3 category is "current" and visa numbers are available, then the "beneficiary" can also concurrently apply for I-485 "adjustment of status", "green card". If not, must do so at a later date.
If intend to apply for step 3 while in the US, you must then make sure to maintain valid non-immigrant status throughout the 1.5-2 years that this whole process is expected to take.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes, Japan is under the 'all' category.
Yes, there is a waiting list for 'all' EB-3 categories.
Go to the visa bulletin at travel.state.gov for monthly updates.
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