As an experienced immigration law firm, Jeelani Law Firm understands the frustrations of U.S. citizens seeking to bring their siblings to the United States. The lengthy waiting period of over 10 years for a green card through traditional family-based petitions often comes as a surprise to many. However, we want to shed light on an alternative pathway that can expedite the process significantly: the EB-3 visa. In this article, we will explore how the EB-3 visa can provide a quicker solution for bringing siblings to the U.S. while benefiting both the immigrant and U.S. businesses.
The EB-3 visa category is not limited to professionals but is also available to skilled and unskilled workers who have a job offer from a U.S. employer. Many individuals are unaware that positions such as restaurant workers, cashiers, servers, cooks, hotel workers, janitors, truck drivers, and various others qualify under the EB-3 category. This opens up opportunities for individuals from diverse occupational backgrounds to pursue family-based immigration to the United States.
With the exception of India and China, the priority dates for EB-3 visas are current for skilled workers, and unskilled or other worker positions are not far behind. This means that visas are currently available or will become available soon for unskilled workers. It is important to note that the processing time for the EB-3 visa category can vary depending on demand and visa availability. Nevertheless, it is generally much faster compared to the traditional family-based route.
Although family members residing in the U.S. are not directly involved in the filings, they can contribute by leveraging their local networks and communities to help their relatives secure employment. By reaching out to restaurants, grocery stores, and other small businesses experiencing staffing shortages, U.S. family members can assist in finding suitable job opportunities for their immigrant relatives. This proactive approach not only benefits the family but also supports businesses in need of workers, particularly in the service industry.
Once a job offer is secured, the employer must first offer the position to qualified U.S. workers and demonstrate that no suitable candidates are available. The employer then files a labor certification application with the U.S. Department of Labor, certifying the need for a foreign worker. Upon approval of the labor certification, the employer can proceed to file an I-140 immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS). Subsequently, the family member can apply for an EB-3 visa. The spouse and children under 21 of the employee are also eligible to accompany them to the U.S. and receive their green cards upon entry.
Utilizing the EB-3 visa as a means to expedite green card processing for family members offers numerous advantages. It not only grants family members the opportunity to reunite with their siblings in the United States but also provides relief to small businesses struggling to find willing workers. As the service industry continues to experience labor shortages, the EB-3 visa route presents a win-win situation for both immigrants and employers in need of assistance.
The EB-3 visa category serves as a valuable option for U.S. citizens seeking to bring their siblings to the United States in a more expeditious manner. By taking advantage of this pathway, families can reunite sooner, and U.S. businesses can access the workforce they require.
If you have any questions about your specific case or need further information, we encourage you to schedule a phone consultation with a Senior Attorney at Jeelani Law Firm