transfer visa or e visa?

I have never seen the EB3 visa discussed on these boards, from what I understand it takes so many years to process that most employers pull out before completion anyway.

My partner's situation is this: He is officially self employed, works from home for a company in the States. They want to transfer him to their main offices full time. He has no qualifications, and his experience would be very hard to prove. The job offer is there for him, as he is already working as a "contractor" to this company.

Neither him nor his boss seem to realise how difficult this will be. Can anyone help? I research these things but they keep telling me "I wouldn't know"!!

silja

Generally, work visas are done via the company's lawyers- does this company have one?

They will get one, as they'll have to. Currently neither him nor his boss are willing to hear the research I've put into it, it's like talking to a brick wall! Hoping someone knows anything about EB3 visas!

duck_77

EB-3 is a part of the LPR/Legal Permanent Resident/Green Card Process.

It stands for Employment Based Immigration - Third Preference. It has a number of sub categories based on skill set:

EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor's or foreign equivalent degree and with a job offer from a U.S. company

EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company

EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company

A lot of information is available on the USICS Website: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

The employment based positions require a Labour Certificate which proves that the employer is unable to hire a local employee to the position.

This visa type is not "current" and the process takes some time. They are currently processing EB-3 applications with a Priority Date from March 2006. (Priority Date is the date of applying for Labour Certification) - http://www.travel.state.gov/visa/bulletin/bulletin_5630.html

In short the process is:

1. Employer must determine if you are eligible for lawful permanent residency in the U.S
2. Employer must complete Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor's Employment and Training Administration(ETA).The ETA must either grant or deny the certification request
- Company must advertise for the position in a number of local/national media outlets for a certain period
- Resume's/CV's must be reviewed and the applicants chosen as the most suitable candidate based on Skill-set/Qualifications
- Labour Certification may then be filed for (Giving the Priority Date)

4. Once Labour Certification is approved (Up to this point may take 6 months), then:
The USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf by the employer (Again, may take a few months depending on processing/delays)
5. The State Department must give you an immigrant visa number
- If you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available (i.e. once the Priority Date comes within the Processing Window)
- If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate

Unless you have another non-immigrant visa, I don't think you can move until the I-485 is approved. Typically, people are already in the country and approved for employment under another visa (L1, H1-B etc) which the Green Card is processing.

I hope this helps (I believe it is accurate but could be corrected by more knowledgeable posters)

Thanks... but that was what I found myself when looking for any visa himself is eligible for.

Turns out that he would have been eligible for EB3(b) cept his work experience is with the same employer who would be applying for his visa, which is apparently not eligible.

I think he's gonna be stuck here really, I can't see any visa he is entitled to, but since they both tell me my research is "internet based" and "it's not that difficult", I am going to enjoy the next few years watching them hit every pothole I told them about

I'm not evil.... I'm just right lol.