Comment obtenir un visa EB-3 ? Ou Qu'est-ce qu'un visa EB-3 ?
Santos Lloyd Law Team • December 7, 2023
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Il existe plusieurs types de visas qui vous permettent de venir travailler aux États-Unis. Les visas basés sur l'emploi vous donnent la possibilité de vivre et de travailler aux États-Unis. Votre éducation, vos compétences et votre expérience sont quelques-uns des éléments utilisés pour déterminer qui peut prétendre à un visa basé sur l'emploi. L'un des visas "EB" auxquels de nombreuses personnes peuvent prétendre est le visa EB-3.
Le visa EB-3 est un visa basé sur l'emploi qui vous donnera une carte verte, c'est-à-dire la possibilité de vivre et de travailler aux États-Unis de manière permanente. Il existe trois catégories EB-3 distinctes, qui doivent toutes faire l'objet d'une procédure de certification de la main-d'œuvre, et une offre d'emploi permanent à temps plein est requise. Les trois catégories sont les suivantes
EB-3 Travailleur qualifié - Vous devez prouver que vous avez au moins deux ans d'expérience professionnelle ou de formation et que vous effectuez un travail pour lequel il n'y a pas de travailleurs qualifiés aux États-Unis.
EB-3 Professionnel - Vous devez prouver que vous êtes titulaire d'une licence américaine ou d'un diplôme équivalent dans le domaine concerné et que vous effectuez un travail pour lequel il n'existe pas de travailleurs qualifiés aux États-Unis.
EB-3 Travailleur Non Qualifié - Vous devez prouver que vous êtes capable d'effectuer un travail non qualifié qui n'est pas temporaire (ou saisonnier) et pour lequel il n'existe pas de travailleurs qualifiés aux États-Unis.
Comme indiqué, vous aurez besoin d'une offre d'emploi à temps plein et votre employeur devra obtenir une certification PERM/travail auprès du ministère américain du travail. Une fois cette première étape approuvée, ce qui prend généralement environ un an, les employeurs doivent déposer le formulaire I-140 auprès de l'USCIS, ce qui nécessite en moyenne six mois.
Enfin, lorsque l'USCIS approuve le formulaire I-140, vous, le ressortissant étranger, pouvez demander un visa d'immigrant ou un ajustement de statut et obtenir votre carte verte, ce qui requiert six mois supplémentaires, soit un total de deux ans en moyenne pour l'achèvement d'une procédure EB-3.
Si vous avez des questions, n'hésitez pas à prendre rendez-vous avec l'un de nos avocats spécialisés, nous nous ferons un plaisir de vous aider.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
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