Frequently asked questions
Questions about EB-3 Visa
Straight answers related to this visa.
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What is the ‘EAD Combo Card’?
The EAD Combo Card combines work and travel authorization during adjustment of status processes in the US, making it essential to follow the laws and seek specialized guidance.
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What is the “240-day rule”?
The USCIS "240-day rule" protects applicants with adjustment of status requests pending for more than 240 days, guaranteeing the continuation of work authorization and avoiding irregular status.
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What is the “A#” on the DS-260?
The "A#" field on the DS-260 is the Alien Registration Number, essential for linking previous immigration information in the U.S. visa process.
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What is the “Visa Bulletin”?
The Visa Bulletin is a monthly guide that directs the progress of visa processes in the U.S., highlighting priority dates so candidates know when to move forward.
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What is the advantage of Schedule A?
Schedule A expedites the EB-3 visa by waiving the PERM process, simplifying and accelerating the procedure for jobs in sectors with a shortage of qualified labor in the US.
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What is the approximate cost of a lawyer for EB-3?
Attorney fees for the EB-3 visa range from US$5,000 to US$10,000, depending on case complexity; always seek experienced lawyers and obtain a personalized evaluation.
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What is the average duration of the PERM phase?
The PERM phase of the EB-3 visa lasts on average between 6 and 8 months, ensuring protection of the American labor market and requiring strict compliance with immigration laws.
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What is the average time for the NVC to process the documents?
The processing of documents by the NVC for the EB-3 visa takes on average from 3 to 6 months, and may vary depending on the case. Always monitor through official channels and stay informed.
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What is the best way to prove work experience abroad?
To prove work experience abroad for the EB-3 visa, present official documents such as reference letters, contracts, and tax records, always following the USA's legal requirements.
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What is the chance of the consulate denying an EB-3 already approved by USCIS?
Consular denial for an EB-3 approved by USCIS is rare but depends on documentation, preparation, and compliance with U.S. immigration laws.
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What is the consulate’s “Packet 4”?
"Packet 4" from the consulate is an essential set of documents and instructions that guide the applicant through the EB-3 visa process, ensuring security and legal compliance.
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What is the current fee for the I-485?
The I-485 form fee for adjustment of status varies by age, amounting up to $1,225, and should be regularly checked on the official USCIS website.
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What is the deadline to start working after entering the USA with an EB-3?
There is no fixed legal deadline to start working with an EB-3, but it is recommended to begin as soon as possible after regularizing your status to ensure compliance and stability.
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What is the difference between ‘EB-3 Regular’ and ‘EB-3 Schedule A’?
EB-3 Regular requires PERM certification, while EB-3 Schedule A covers pre-approved occupations, simplifying the process for positions with a shortage of qualified labor.
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What is the difference between ’employer sponsored’ and ‘self-petition’?
Understand the differences between 'employer sponsored' and 'self-petition' in EB visas, highlighting the importance of specialized advice and compliance with US immigration laws.
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What is the difference between ‘final action date’ and ‘filing date’ in the Visa Bulletin?
Understand the difference between 'final action date' and 'filing date' in the Visa Bulletin for the EB-3 category, essential for tracking the immigrant visa process in the U.S.
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What is the difference between ‘maintenance of status’ and ‘lawful presence’?
Maintenance of status implies complying with the specific conditions of the visa, while lawful presence means being legally authorized to stay in the U.S., regardless of the type of visa.
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What is the difference between ‘positional wage’ and ‘prevailing wage’?
Prevailing wage' is the regional average salary defined by the government; 'positional wage' is the specific salary offered for a job position. Knowing the difference is crucial for processes like the EB-3.
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What is the difference between ‘skilled worker’ and ‘unskilled worker’?
In the EB-3 visa, skilled workers require education and two years of experience, while unskilled workers have lower requirements; both need a formal job offer and must comply with immigration laws.
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What is the difference between an ‘immigrant visa’ and a ‘nonimmigrant visa’?
Immigrant visas allow permanent residence in the USA, while nonimmigrant visas are for temporary stays, each with specific rules and distinct needs.